Originalism and the Fourth Amendment
The Federalist Society’s 2020 Faculty Conference is today and tomorrow. A panel on Originalism and the Fourth Amendment is scheduled for 2:45-4:15 pm EST tomorrow.
The conference agenda is here. The YouTube page for the Fourth Amendment panel is here. From the agenda:
This panel will explore the extent, if any, to which an originalist methodology can answer the big questions of Fourth Amendment interpretation that courts are grappling with today. If an originalist methodology can answer these questions, what answers does it provide?
The panelists are William Baude, Jeffery Bellin, and Laura Donohue. Orin Kerr moderates. I’m curious whether anyone will even attempt to make an originalist case for the exclusionary rule. I don’t think there is one that passes the straight-face test. See my brief in Utah v. Strieff.
