How Should the Supreme Court Interpret the Constitution?

Event Materials

· Agenda
· Webcast
· Participant biographies
· Conference summary

Event overview

The question of how the Supreme Court should interpret the Constitution lies at the heart of recent debates over judicial nominations, and could have important implications for public policy. Professor Cass Sunstein argues in his new book, Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America (Basic Books, 2005), that the best approach is a form of cautious incrementalism. He suggests that judges build on their precedents, but show a reluctance to strike down the decisions of the elected branches.