Judge James Ho, of the U.S. Court of Appeals for the Fifth Circuit. Photo: Diego M. Radzinschi/ALM How Do Jurists Decide When Originalism, Precedent Diverge? Appellate Judges Give Their Thoughts
"This is one of these eternal debates that I have—I'm sure many judges have—with law clerks," said Judges James Ho of the U.S. Court of Appeals for the Fifth Circuit.
November 09, 2023 at 05:13 PM
4 minute read
Judges
Federal appellate judges Thursday discussed ways to approach cases in which U.S. Supreme Court precedent seems to conflict with originalist legal arguments, including by having profound talks with their law clerks about the constitutional duty of jurists.
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