At SCOTUSblog, Nora Collins: Originalism and judicial oversight: A report from the Federalist Society’s 2025 National Lawyers Convention. From the introduction:
Justices Brett Kavanaugh and Amy Coney Barrett took center stage at the Federalist Society’s annual gala in the nation’s capital, offering reflections on what it means to take the judicial oath and deal with public scrutiny. Moderated by Judge Trevor McFadden, who sits on the U.S. District Court for the District of Columbia, the Antonin Scalia Memorial Dinner saw the justices address a sold-out crowd at the Washington Hilton on the first night of the Federalist Society’s National Lawyers Convention. Barrett and Kavanaugh’s remarks echoed broader discussions at the convention on the Supreme Court’s embrace of originalism and the triumph of this judicial philosophy.
McFadden kicked off the keynote event by referencing a newly established (within the hour) tradition of toasting the Constitution and noted that one of the most solemn duties of a judge “is to explicate that document in some of the most important legal cases of the day.”
Kavanaugh reflected on his tenure under President George W. Bush during the response to Sept. 11, 2001, the “central day of American government in my lifetime.” He then encouraged the law students in the room (some of whom had yet to be born in 2001) to revisit post-9/11 footage. “I watch them every year to remind myself of how the country came together, how the country rallied, and how lucky and fortunate and blessed I was and my wife Ashley was to work for President Bush.”
When asked about the various internal and external pressures she has encountered as a justice, Barrett echoed Kavanaugh’s reference to Sept. 11, saying it “calls to mind the distinction between what the president does and what the courts do, because we all think an oath that the president [takes] is very proactive. … Now, the job that the three of us have is more reactive, and we’re hearing cases and we’re defending the Constitution, but in a quieter sense.”
Video of the whole three-day event is available at the Federalist Society’s website, here. As noted here earlier, San Diego’s Judge Patrick Bumatay gave the opening address, with a focus on originalism in the lower courts.
Posted at 6:05 AM