... 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...

... the social sources of pain and leaves the sufferer, a person or a class, with no recourse other than seeking relief in religion or stoicism. This chapter also examines Plato's early dialogue, ‘Euthyphro’, and Antonin Scalia's opinion in the case of Michael H. v. Gerald D. ordinary language...

...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...

..., but it applies in varying degrees to civil-law systems as well. In some fascinating recent ruminations on mistaken judgments by the US Supreme Court with regard to matters of American constitutional law, Brian Bix quotes from Antonin Scalia’s dissenting opinion in Obergefell v Hodges—the 2015...

... that should have been taken on its own terms by anyone who did not have a direct stake in the outcome. Like Chase, Antonin Scalia appeared to believe that he, too, was witnessing a monumental threat to the American judiciary—albeit one that was much harder to see. Whereas Chase had confronted a sitting...

... 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...

... a special prosecutor? In a 1988 case called Morrison v. Olson, a nearly unanimous Supreme Court held that the answer was yes. Only Justice Antonin Scalia dissented. This chapter recounts the dramatic story of that case and the subsequent developments that have caused many commentators...

... orientation cases decided by the U.S. Supreme Court, including Lawrence v. Texas and Romer v. Evans. It is argued that some of Justice Antonin Scalia’s dissenting arguments demand a response and that selective optimization offers one. The chapter argues that although judges...

...This chapter analyzes Justice Antonin Scalia and his originalist jurisprudence. It suggests that Scalia's mission is to make everything come out wrong. A Scalia opinion, according to New Yorker writer Margaret Talbot, is “the jurisprudential equivalent of smashing a guitar on stage...

... States Legal Foundation Roger Marzulla Clint Bolick William H. Mellor William Westmoreland Nollan v. California Coastal Commission Antonin Scalia Takings Clause beach The election of a conservative administration in Washington brought new notoriety to the nonprofit legal foundations of the right...

... of mandamus Antonin Scalia John Paul Stevens Supreme Court A disappointed litigant’s vow to “take my case all the way to the Supreme Court!” is likely to prove an empty threat. An appeal on the way to the Supreme Court encounters many obstacles. Some derive from the Constitution itself; Article III limits...

... Thurgood Marshall Sherman Minton Ronald Reagan Antonin Scalia John Paul Stevens Supreme Court Clarence Thomas Earl Warren There are no formal requirements for becoming a Supreme Court justice. The Constitution requires a senator to have reached the age of thirty, and a president to be at least...

... Congress Constitutional Interpretation Fourteenth Amendment Ruth Bader Ginsburg Andrew Jackson John Marshall New Deal Antonin Scalia John Paul Stevens Supreme Court To the extent that it conveys the image of the three branches of the federal government, each operating in its own sphere...

...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...

... Marcus Ruth Washington Post Supreme Court Abe Fortas William Rehnquist Antonin Scalia Robert Bork David Souter Clarence Thomas University of California v. Bakke Employment Division v. Smith Planned Parenthood v. Casey Between 1969 and 1991, ten consecutive justices were appointed by Republican...

... 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...

...For My Family, Present and Departed Introduction A Google search for originalism in January 2018 produced a first entry that featured a photograph of Justice Antonin Scalia along with a brief definition of the term and a declaration that it originated in the 1980s. 1 Thus, today s most widely...

... presidential action. Instead of acquiescing in congressionally imposed invasions on the unitariness of the executive branch, however, Ford held firm and defended the unitariness of the executive with the aid of his assistant attorney general for the Office of Legal Counsel, Antonin Scalia. The first two major...