In March 2022, the Honorable Neomi Rao of the U.S. Court of Appeals for the D.C. Circuit delivered the Sumner Canary Memorial Lecture on "Textualism's Political Morality." The Case Western Reserve Law Review has published her lecture. It is available for download here.
Judge Rao's remarks have provoked a response from Professors Adrian Vermeule and Conor Casey, two prominent proponents of "Common Good Constitutionalism." Their response, "Judge Rao's Unintentional Surrender," has been published in "The New Digest," a "forum for short essays on law, politics, political theology, post liberalism, and the common good."
The full essay requires a subscription, but here is how it begins:
