Thread by @acslaw

We’re starting our Thursday #ACS2020 livestream A Constitution for the 21st Century feat ACS’s Zinelle October, Praveen Fernandes of @MyConstitution, Joseph Fishkin of @UTexasLaw, Pamela Karlan of @StanfordLaw, @ProfMMurray & David Strauss of @UChicagoLaw acslaw.org/2020-acs-natio…

Praveen Fernandes of @MyConstitution explains that although there used to be two clear paths to constitutional interpretation -- originalism and living constitutionalism -- these strict categories are no longer articles of faith for conservatives or liberals. #ACS2020

Pam Karlan explains there are many methods of constitutional interepretation and the difference of outcomes is not a product of methodology but what intelligence we bring to bear on constitutional problems

We cant only focus on federal actors when discussing constitutional interpretation, we must remember the various actors taking part in developing constitutional meaning at the state and local level, something we've seen extensively during the COVID epidemic - @ProfMMurray

Relevant from @TheAtlantic theatlantic.com/projects/battl…

"Whats unusual in the past 50 years is the gap between how liberals and conservatives practice constitutional politics" - Joseph Fishkin of @UTexasLaw papers.ssrn.com/sol3/papers.cf…

"This administration's unapologetic attempt to jam through conservative judges presents a practical and moral problem for progressive constitutionalists," says David Strauss of @UChicagoLaw

How should we approach judicial selection norms (blue slips, ABA ratings, etc) that have asymmetrically disadvantaged progressives? Josey Fishkin suggests we need a "norm by norm basis" #ACS2020 acslaw.org/inbrief/broken…

David Strauss of @UChicagoLaw suggests that one norm that we might be able to restore is stare decisis #ACS2020

Karlan: There are precedents like Planned Parenthood v. Casey that people organize their lives around - these are the precedents that need to be protected #ACS2020 #SCOTUS

Murray: Janus v AFSCME shows that the Roberts Court isn't willing to just rethink precedent, they're doing it in a stealth and destabilizing way #SCOTUS #ACS2020

Karlan: Lets get the courts out of the way of progressive legislation and the Constitution we're making as a contemporary people. SCOTUS isn't changing its view of the 4th amend. Ppl on the ground are changing what the 4th amdt should look like when demanding an end to chokeholds

Strauss: "Trump is trashing non-judicial norms, but these actions are a form of precedent that we need to make sure aren't repeated"

Fishkin: "On issues of civil rights and voting rights progressives should focus on legislatures and not the courts to pursue progressive change"

Should we expand the court? Fishkin and @ProfMMurray suggest its a pressure point we need to consider even if we don't enact any change

Whenever we can, we need to explain that originalism is just not a thing -- Strauss #ACS2020

Fishkin: There is a judicial menace, and its coming from conservative judicial activism

Strauss: All constitutional actors, not just judges, must protect and enforce the constitution - this is especially clear with norms that aren't part of our written constitution and can't be judicially enforced

Fishkin: We need to admit more states, it is past time for DC statehood - More on DC statehood in our recent issue brief: acslaw.org/issue_brief/br…

Thanks so much to our talented moderator Praveen Fernandes of @MyConstitution and fantastic speakers: Joseph Fishkin of @UTexasLaw, Pamela Karlan of @StanfordLaw, @ProfMMurray & David Strauss of @UChicagoLaw. Watch the video here! acslaw.org/2020-acs-natio…