Judicial Review has been criticized throughout American history as undemocratic, creating what has been known in the modern era as the counter-majoritarian difficulty. Is the Court in fact counter-majoritarian? To what degree? If so, is it a difficulty? What theories of constitutional interpretation best reconcile judicial review with democracy—originalism or living constitutionalism or something else?
- Moderator: Hon. James Ho, United States Court of Appeals for the Fifth Circuit
- Prof. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas School of Law
- Prof. Lawrence Sager, Alice Jane Drysdale Sheffield Regents Chair, University of Texas School of Law
- Prof. Keith Whittington, William Nelson Cromwell Professor of Politics, Princeton University
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