Antonin Scalia

Nominating a Scalia of the Left is Biden's Best Chance to Influence the Courts

by Aziz Huq

Republicans won't support any Biden nominee, even a moderate. Instead, Biden should put forward a judge who is bold enough to put a stamp on the law in dissent and shift dominant interpretations to the left. 

Limbaugh Was Partly Scalia and Bork’s Fault

by Michael Tomasky

"The admittedly and lamentably glorious career of the most prominent racist, sexist, poisonous radio host of our time probably never would have happened if it weren’t for a policy change: the repeal of the Fairness Doctrine, under Ronald Reagan."

Why Heller is Such Bad History

by Noah Shusterman

Antonin Scalia's opinion in District of Columbia v. Heller ignored the actual history of the early American militia in order to invent an individual right to gun ownership.

Historian Alan Singer says he’s not qualified to be on the Supreme Court and neither are Roberts, Scalia, Alito or Thomas

That’s because he’s an activist and so are they.

Scalia v. Scalia

by Dahlia Lithwick

Does his faith influence his judicial decision making?

Antonin Scalia: Holocaust Was Partially Brought About By Judicial Activism

Supreme Court Justice Antonin Scalia's warnings on judicial activism appear to have gained a new chapter at the Utah Bar Association's 2013 summer convention.The Aspen Times reported Sunday that Scalia drew upon the Holocaust as an example of how judicial activism can lead to problems. According to the Utah Bar Association's website, Scalia was slated to be the keynote speaker for the 2013 Summer Convention event, which was held from July 17-20 in Snowmass, Colo....Scalia opened his talk with a reference to the Holocaust, which happened to occur in a society that was, at the time, “the most advanced country in the world.” One of the many mistakes that Germany made in the 1930s was that judges began to interpret the law in ways that reflected “the spirit of the age.” When judges accept this sort of moral authority, as Scalia claims they’re doing now in the U.S., they get themselves and society into trouble....

Andrew Meyer: Answering Scalia's Question

Andrew Seth Meyer is associate professor of history at Brooklyn College.During oral arguments over the repeal of Proposition 8, Justice Antonin Scalia asked the following question of Ted Olson, one of the attorney's arguing for the repeal: "I’m curious, when—when did—when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted?" Mr. Olson's answer was rather labored and tentative. To paraphrase his reply, he asserted that this change had happened at some indeterminable point when society realized that sexual orientation is not a matter of choice. Not being a lawyer, I am not aware of the possible legal reasons behind Mr. Olson's evasiveness. Still, I can not help expressing dissatisfaction with this answer.

Actually, Scalia's Legal Logic Permits Gun Control

by Alan Singer

"The key issues I want to address in this article are the constitutional principles Mr. LaPierre is so intent on defending."