... originalism Rove Karl Wall Street Journal Roe v Wade Senate Judiciary Committee Specter Arlen Heritage Foundation lists of Trump’s promised SCOTUS nominees democracy gap supreme elite ideological drift Greenhouse effect judicial sameness movement conservatives anti-drift checklist Antonin Scalia...

...This chapter describes Antonin Scalia's orginalism, which is distinctive in several respects and is more concerned with restricting judicial lawmaking than with the value of popular sovereignty. It is not believed that Scalia has successfully resolved the internal tensions in his thinking. His...

... judicial politics Antonin Scalia John Paul Stevens The Kelo case was an important setback for property rights advocates, but also a significant step forward. The close 5-4 nature of the decision rekindled a debate that most experts had thought was definitively resolved: whether...

... is obliged to apply the new rule to the parties in other pending civil actions as well. Justice Antonin Scalia explained that in his view the employment of selective prospectivity amounts to an unconstitutional judicial exercise of the power to make law. What (if anything), based on the account this chapter...

... seat of conservative firebrand, Justice Antonin Scalia. And, as a result, either push the Court to the left or essentially return it to its ideological place before Scalia’s death. It shows that while the Court issue did not attract as much attention as some experts expected, it was nevertheless very...

...This chapter explores a 2008 US Supreme Court case that brings into play two starkly contrasted readings of the Second Amendment to the US Constitution: a textualist or “originalist” reading written for the majority by Justice Antonin Scalia, and a “contextualist” reading written by two...

... judicial politics Antonin Scalia John Paul Stevens The Kelo case was an important setback for property rights advocates, but also a significant step forward. The close 5-4 nature of the decision rekindled a debate that most experts had thought was definitively resolved: whether...