And they just might get their way.
Well, here we go again. With Neil Gorsuch as the current Supreme Court nominee, once more we hear praises of "originalism
If the text of Article III, enriched by the publicly available context in which it was enacted, communicated the concept
Against Narrow and Hidebound Originalism: On Peruta v. San Diego and the Right to Armed Self-Defense
The enduring appeal and influence of originalism is attributable in substantial part to its promised capacity to maintain
More importantly, I believe that systematic deference to the government in constitutional cases is inconsistent with the
Calls for judges to be constrained by the Constitution's original meaning are entirely proper--and important.
What the Court does in speech cases -- namely, engage in a genuine effort to identify government officials' true ends and assess their propriety -- it can and should do in all constitutional settings.
When any religious person claims that a sacred text is "dead" -- in that the understanding of its meaning is fixed forever -- they are directly at odds with their own idea of a living, active God
Justice Roberts would like us to reminisce wistfully about a day when judges are umpires of the law. But I don't think that
GOP leaders who refuse to hold confirmation hearings and attempt to prevent President Obama from making an appointment violate the legacy of the man they seek to replace.
The president and first lady were among those who paid their respects.
The adulation by admirers of Justice Antonin Scalia over his alleged role as a conservative constitutional steward who applied neutral, nonpartisan principles, is pure myth. While promoted by conservative ideologues who fawn over Justice Scalia's flamboyant jurisprudence, holding him up as an icon for conservative principles, is simply hard to take.
Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text.
With the death of Supreme Court Justice Antonin Scalia, the November election may decide the fate of all three branches of the United States government. That's a pretty unique situation, and it may boost turnout on both sides of the aisle.
Justice Scalia was the proud possessor of a rigorously textual sense of legal reasoning and a decidedly oversized judicial personality. He was known, by friend and foe alike, as the promoter of a novel approach to judicial decision-making known as originalism.
There is no basis for claiming that Scalia's originalist method is more "objective." His method relies on certain suppositions just as much as any rival method of constitutional interpretation and, if anything, the suppositions of the originalist view are more questionable.
Scalia promoted anything but justice in his opposition to the Voting Rights Act and affirmative action, women's reproductive freedoms, and in particular, the rights and freedoms of lesbian, gay, bisexual, and trans* people.
Republicans have shown enormous respect for the Constitution of the United States of America and their hero Associate Justice Antonin Scalia by instantly using his death to demand that President Obama ignore the Constitution for the next 340 DAYS.
In Divergent Paths, Richard Posner declares that the emperor (i.e. the modern judiciary) has no clothes.