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Scalia Book Author: Late Justice's Legacy Stronger Than Ever

Scalia Book Author: Late Justice's Legacy Stronger Than Ever
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By    |   Wednesday, 28 March 2018 11:05 AM

The late Supreme Court Justice Antonin Scalia's legacy is growing, according to Richard Hasen, a professor at the University of California-Irvine School of Law.

Hasen made his comments in a column for Slate on Wednesday.

In fact, he noted, Scalia is "likely to have greater influence in death than life."

Hasen is the author of the new book: "The Justice of Contradictions: Antonin Scalia and the Politics of Disruption."

He disputed a recent column in The New York Times by writer Linda Greenhouse who maintained Scalia's legacy was fading.

"His legacy only seems to be growing," he noted.

"Where Scalia got his influence, though, was through his ideas and the sheer force of his writing," Hasen said. "He declared that he had found neutral tools that justices must use to decide constitutional cases (public meaning originalism) and cases interpreting the meaning of federal statutes (textualism).

"Never mind that he was not a consistent originalist or textualist, often ignoring the methodology or finding a way around it to reach a (usually conservative) result. He wrote his opinions — especially his dissents — in a forceful and entertaining way, gaining them disproportionate attention in the public, press, and law schools. He was an in-your-face sarcastic justice who did not fear insulting his colleagues, even — and perhaps especially —the swing justice."

Hasen noted Justice Neil Gorsuch had "not only pledged fealty to Scalia's methodology, he has also tried to emulate his snarkiness."

And he said if Justice Anthony Kennedy decides to retire soon, "There is no question that Senate Majority Leader (Mitch) McConnell will get through a Scalia close before the 2018 midterm elections. "

"Even if Justice Kennedy decides to hold on, and Democrats miraculously can block another Trump appointment to the Supreme Court, the stacking of lower-court judges with Scalia acolytes will have effects on all Americans for generations," he said.

"That may finally wake up the left to the power of the federal courts. By then, though, it may be too late to do anything about it.

"Justice Scalia's fading legacy? I'm afraid not."

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The late Supreme Court Justice Antonin Scalia's legacy is growing, according to Richard Hasen, a professor at the University of California-Irvine School of Law.
scalia, supreme court, legacy
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2018-05-28
Wednesday, 28 March 2018 11:05 AM
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