Stare Decisis in Civil Rights Cases [2019 National Lawyers Convention]

On November 15, 2019, the Federalist Society's Civil Rights Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel covered "Stare Decisis in Civil Rights Cases".

Stare decisis is generally regarded as a stronger force when applied to statutes than it is in constitutional law. The standard rationale is that it is much easier for the legislature to overrule statutory precedents than it is for the people to overrule constitutional precedents. But stare decisis has never been an absolute rule in either context. Has the Supreme Court been excessively reluctant to reconsider high-profile precedents that clearly misinterpreted the original meaning of the Civil Rights Act of 1964 and similar statutes?

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Featuring:

-Moderator: Judge Diane S. Sykes, United States Court of Appeals, Seventh Circuit

-Michael A. Carvin, Jones Day

-Prof. William N. Eskridge, Jr., Yale Law School

-Prof. Neil Kinkopf, Georgia State University College of Law

-Prof. Nelson Lund, Antonin Scalia Law School at George Mason University

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