U.S. Supreme Court,
Constitutional Law
Aug. 19, 2015
Majority shuns Scalia's approach
This last term, the U.S. Supreme Court decisively rejected Justice Antonin Scalia's restrictive approach to interpreting the Constitution and federal statutes.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Much has been written about the U.S. Supreme Court's term that concluded in late June, but an important underlying theme has been largely ignored: The court decisively rejected Justice Antonin Scalia's restrictive approach to interpreting the Constitution and federal statutes. Although Scalia has championed his interpretive philosophy for years, in judicial opinions and off-the-bench writings and speeches, it is clear a majority of the court takes...
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