On November 16, 2019, the Federalist Society hosted the third showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel explored the question "Does Originalism Protect Unenumerated Rights?".
Does the original meaning of any constitutional provision protect fundamental rights? Substantive Due Process had been a target of originalists, but is it fair to dismiss it as an oxymoron? And even if Due Process does not have a substantive component, does the Privileges or Immunities Clause provide a justification for a fundamental right jurisprudence?
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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:

Prof. Stephanie H. Barclay, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University
Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
Prof. Jamal Greene, Dwight Professor of Law, Columbia Law School
Prof. Gary S. Lawson, Philip S. Beck Professor of Law, Boston University School of Law
Hon. Michael W. McConnell, Richard and Frances Mallery Professor and Director, Constitutional Law Center, Stanford Law School
Moderator: Hon. Kevin C. Newsom, United States Court of Appeals, Eleventh Circuit
Introduction: Dean A. Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society, The Federalist Society