On Monday, the GW Law student chapter of the Federalist Society hosted a debate on judicial activism versus judicial restraint between the Institute for Justice’s Clark Neily and me. Of course, we didn’t actually call it a debate about judicial activism versus restraint. Neily rebranded the debate “judicial engagement versus judicial abdication.” And not wanting to be left out of the rebranding game, I re-relabeled the debate as a choice between “judicial arrogance” and “judicial awareness.” If you want to watch my argument for judicial awareness — and Neily’s spirited case for judicial arrogance — you can watch the video here. From the page, just click “play,” and then you can click to maximize the size of the picture. Neily starts at about 9:50; I start around 28:20; we then go back and worth starting around 44:00; and the Q&A starts at the 50:30 point.
It was a fun event, and we were particularly honored by the appearance in the audience of our own Randy Barnett and friend-of-the-VC Ilya Shapiro.