Thursday, July 07, 2016

Scalia Symposium

Stephen Griffin

The Minnesota Law Review has sponsored a valuable online symposium on Justice Scalia’s career.  I was honored to be a part of the symposium.  My essay concerns Justice Scalia’s most distinctive contributions to constitutional theory.  Drawing on recent biographies of the Justice (and some of my Balkinization posts on originalism), I argue that Scalia’s tendency to employ “preemptive” arguments – arguments that attempt to anticipate the most likely objections before they are made – had a deleterious impact on the progress of constitutional theory.  I hope to expand on the essay in a future post.

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