The Role of the Article III Judge

The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a “case or controversy.” Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a “mere translator” of the law, in Justice Frankfurter’s words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises “the judicial Power of the United States” conferred by Article III of the Constitution.

LAW 7045 | 2 Units | Grading: Law Mandatory P/R/F

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Instructor

  • Judge (retired), DC Circuit

Thomas B. Griffith was appointed to the United States Court of Appeals for the D. C. Circuit by President George W. Bush in 2005. He retired from the D. C. Circuit in 2020 and is currently Special Counsel at the law firm of Hunton Andrews Kurth.