When U.S. Supreme Court Justice Antonin Scalia suggested last week that allowing judges in a democracy to decide which minorities to protect could encourage pederasts and child molesters to seek ...
Controlling Opinions is a recurring series by Richard Re that explores the interaction of law, ideology, and discretion at the Supreme Court. On the surface, Justice Antonin Scalia’s legacy has […] ...
In Dissent is a recurring series by Anastasia Boden on Supreme Court dissents that have shaped (or reshaped) our country. On a cold January day in 2012, a senator walked into the U.S. Capitol, banged ...
Conservative student leaders on campus criticized the media’s coverage of the interaction between Duncan Hosie ’16 and Supreme Court Associate Justice Antonin Scalia, arguing that the story was ...
Kavanaugh said in his 2016 speech that those two dissents are a sign of how Scalia believed that courts had “no legitimate role … in creating new rights not spelled out in the Constitution.” “For ...
A Gorsuch dissent is characterized by a careful, point-by-point refutation of the majority's arguments. There is rarely any legal jargon. There are occasional clever turns of phrase—but they lack the ...
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The concurrence that was really a dissent
Scalia was a defender of presidential power – but he was also a strong believer in the formal separation of powers. In Dissent is a recurring series by Anastasia Boden on Supreme Court dissents that ...
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