U.Va Law: Originalism Is Political, Not Judicial, Philosophy, Post Says

Originalism is a highly effective political strategy, rather than simply a jurisprudential philosophy of adhering to the exact text of the Constitution and the original intent of the framers, said Robert Post at the biennial McCorkle Lecture March 29.

Post, the David Boies Professor of Law at Yale Law School, explained to an audience in Caplin Pavilion that originalism is effective because it mobilizes conservative organizations to pressure the president to appoint judges who claim originalism as a philosophy for judicial interpretation, or who say they will be faithful to the original meaning of the Constitution.

“Originalism becomes a means of arousing voters on the right who then come out and vote for a president who appoint the right sort of justices who will create the right sort of law,”kj Post said.

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U.Va Law: Judicial Independence Safe, Pryor Says

Violence, political criticism, budget cuts, impeachment, and legislation designed to constrain the judiciary are some of the threats that have existed for judges since the formation of the United States. Recently, several leaders in the legal community have voiced concerns that judicial independence is in jeopardy because these threats could influence judges to make biased decisions. The chorus, led in part by former Supreme Court Justice Sandra Day O’Connor, is pointing out problems that are non-issues, suggested Judge William H. Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit at the Ola B. Smith Lecture March 19. Thanks to Americans recognition of the importance of an independent judiciary, now and throughout history, judicial independence is safe, he said. Pryor’s talk was sponsored by the Student Legal Forum and the Virginia Law Review.