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Rebecca Green is professor of the practice of law and co-director of the Election Law Program at William & Mary Law School. In a 2014 case called National Labor Relations Board v. Noel Canning, the Supreme Court blessed a method of interpretation known as “liquidation” that seeks to identify settled practice as a means of understanding ambiguous constitutional text.
Paul S. Swedlund is assistant attorney general of the state of South Dakota. He is lead counsel on an amicus brief for 45 states and the District of Columbia in support of Washington and Colorado in Chiafalo v. Washington and Colorado Department of State v. Baca.
Rob Natelson is a retired professor of law at The University of Montana, senior fellow in constitutional jurisprudence at the Independence Institute in Denver and a widely published originalist scholar.
Paul M. Smith is vice president of litigation and strategy and Adav Noti is senior director of trial litigation and chief of staff at the Campaign Legal Center, which filed an amicus brief in support of the states in Chiafalo v. Washington and Colorado Department of State v. Baca.
David G. Post is a former professor of law at the Beasley School of Law at Temple University, an adjunct scholar at the Cato Institute and a contributor at the Volokh Conspiracy blog.
Derek Muller is a visiting professor of law at Notre Dame Law School. He wrote an amicus brief in support of neither party in Chiafalo v. Washington and Colorado Department of State v. Baca.
Editor’s note: This post, which serves as the introduction to this blog’s symposium on Chiafalo v. Washington and Colorado Department of State v. Baca, first ran on May 5, 2020, as an argument preview to those cases, and was originally published at Howe on the Court.