One of Justice Antonin Scalia’s greatest legacies is his promotion of constitutional originalism.
March
2025
I appreciate helpful and timely comments from Samuel Bray, Jud Campbell, Jonathan Mitchell, Richard Primus, Richard Re, Stephen Sachs, Lawrence Solum, and the editors of The University of Chicago Law Review, as well as research support from the SNR Denton Fund and the Alumni Faculty Fund.
One of Justice Antonin Scalia’s greatest legacies is his promotion of constitutional originalism.
When Justice Antonin Scalia began writing about statutory interpretation, he attacked the then-dominant proposition that the point of statutory interpretation is to identify and enforce Congress’s unenacted purposes.