This week, NCC President and CEO Jeffrey Rosen moderated a panel live from the Aspen Ideas Festival featuring three of America’s leading legal scholars: former deputy solicitor general and Georgetown Law Professor Neal Katyal, Stanford Law Professor Pam Karlan, and Clark Neily of the Cato Institute. During the program, they discussed the major decisions from the Supreme Court’s most recent term, including Allen v. Milligan, in which the Court upheld Section 2 of the Voting Rights Act; Moore v Harper, where the Court rejected the independent state legislature theory; Students for Fair Admissions v. Harvard, in which the Court struck down affirmative action programs in higher education as violating equal protection; and more.
Resources:
- Aspen Ideas Festival 2023: Supreme Court Review
- Moore v. Harper (2023)
- Allen v. Milligan(2023)
- Students for Fair Admissions v. Harvard (2023)
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Today’s episode was produced by Lana Ulrich, Bill Pollock, Sam Desai, and Samson Mostashari. Special thanks to the team at the Aspen Ideas Festival for this recording. Research was provided by Lana Ulrich, Sam Desai, Samson Mostashari, Tomas Vallejo, Connor Rust, Harlan Katyal, and Yara Daraiseh.
Participants
Neal Katyal is the Paul and Patricia Saunders Professor of Law at Georgetown University and a partner at Hogan Lovells. He was previously acting solicitor general of the United States and served as National Security Adviser in the U.S. Justice Department. Katyal has argued 50 cases before the U.S. Supreme Court, including the Moore v. Harper case from this previous term. He is the co-author of Impeach: The Case Against Donald Trump (2019) and a frequent contributor to MSNBC and The New York Times.
Pamela Karlan is the Kenneth and Harle Montgomery Professor of Public Interest Law and co-director of the Supreme Court Litigation Clinic at Stanford Law School. Karlan was previously principal deputy assistant attorney general in the US Justice Department’s Civil Rights Division. Prior to that, she was an assistant counsel for the NAACP Legal Defense Fund. Karlan has published dozens of scholarly articles and co-authored three casebooks and a monograph on constitutional interpretation: Keeping Faith with the Constitution.
Clark Neily is senior vice president for legal studies at the Cato Institute. He is also an adjunct professor at the University of Texas School of Law. Prior to this, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of its Center for Judicial Engagement. He is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. Neily’s writing has appeared in The Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including Harvard Journal of Law and Public Policy and George Mason Law Review.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also a professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
Additional Resources:
- Aspen Ideas Festival 2023: Supreme Court Review
- Moore v. Harper (2023)
- Allen v. Milligan(2023)
Transcript
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