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Justice Scalia’s uncertain legacy

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Justice Scalia’s uncertain legacy 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 never been more distinguished. He is regularly invoked by all sitting justices, as well as by advocates before the Supreme Court. Legal culture remains transformed by the l...
The article presents a nuanced view of Scalia's legacy, suggesting that his disciples are altering, ignoring, or repudiating many of his views. This raises questions about the durability and coherence of his jurisprudence. The article also discusses the political implications of Scalia's death and the subsequent appointments of conservative justices, implying a shift in the ideological balance of the Supreme Court. Patterns detected: ARC-0043 Motte-and-Bailey (presenting a strong version of a na...