Conservative Caution v. Progressive Originalism: How Justices Barrett and Jackson Are Paving Their Own Paths on the Court

Authors

Abstract

The Conservative Caution v. Progressive Originalism symposium, hosted by the Cardozo Journal of Equal Rights and Social Justice on March 7, 2025, brings together leading constitutional scholars to examine the emerging judicial philosophies of Justices Amy Coney Barrett and Ketanji Brown Jackson. Through three expert panels—presidential immunity, gun rights, and judicial ideology—the symposium analyzes how both Justices are shaping contemporary originalist discourse from opposing ends of the ideological spectrum. Panelists explore the Supreme Court’s watershed decision in Trump v. United States (2024), emphasizing its unprecedented expansion of presidential immunity and its implications for separation of powers and democratic accountability. Discussions highlight Justice Barrett’s evolving approach to a “workable” originalism that occasionally departs from conservative orthodoxy, and Justice Jackson’s articulation of progressive originalism grounded in historical purpose and textual meaning. Together, the proceedings offer a rich, multifaceted assessment of the Court’s shifting dynamics and the long-term constitutional consequences of these two influential jurists’ interpretive methods.

Disciplines

Civil Rights and Discrimination | Constitutional Law | Criminal Law | Judges | Jurisprudence | Law | Legal History | President/Executive Department | Public Law and Legal Theory | Supreme Court of the United States

Recommended Citation

Conservative Caution v. Progressive Originalism: How Justices Barrett and Jackson Are Paving Their Own Paths on the Court, 31 Cardozo J. Equal Rts. & Soc. Just. 607 (2025).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol31/iss3/4