Panel V: Is Judicial Review Democratic?

Published: April 5, 2023, 8:54 p.m.

b'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?
Featuring:

Moderator: Hon. James Ho, The 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'