Following Professor Stephen Vladeck’s opening remarks, the re-enactment began.
Catherine Carroll of WilmerHale argued on behalf of appellant President Carter, and Professor Harold Hongju Koh of the Yale Law School argued on behalf of appellees Senator Barry Goldwater et al. before Judge Stephen Williams and Judge Harry Edwards.
After the reenactment, Paul Smith of the Campaign Legal Center moderated a group discussion including Professors Vladeck and Koh, Catherine Carroll, and Beth Brinkmann of Covington & Burling.
The panel analyzed the current status of the doctrine and its conceptual underpinnings, looking specifically at cases involving impeachment, the war on terror, and political gerrymandering to assess the proper role of the federal judiciary in our constitutional scheme.