ABSTRACT

Justice Antonin Scalia: His Jurisprudence and His Impact on the Court [March 18, 2016]   [open pdf - 996KB]

"On February 13, 2016, Justice Antonin Scalia passed away unexpectedly at the age of 79, vacating a seat on the Supreme Court which he had held for nearly 30 years. Justice Scalia's lengthy tenure on the Court, coupled with his strongly held views on how constitutional and statutory texts are to be interpreted, led him to have significant influence on the development of the jurisprudence of various areas of law. He was also an active speaker and author outside the Court, having, among other things, recently coauthored a book which sought to articulate interpretative canons that would, in its authors' view, 'curb--even reverse--the tendency of judges to imbue authoritative texts with their own policy preferences' and 'provide greater certainty in the law, and hence greater predictability and greater respect for the rule of law.' Like his approaches to many legal issues in his opinions on the Court, Justice Scalia's approach to statutory interpretation in this book has prompted debate both over its desirability, as a normative matter, and over the consistency with which Justice Scalia applied that approach. This report discusses Justice Scalia's jurisprudence on key areas of law, as well as how that jurisprudence could be seen to have influenced the Court's approach to these subject matters. It begins with his views on two cross-cutting issues--the role of the judiciary and statutory interpretation--which highlight his well-known views about originalism, textualism, the importance of bright-line rules for judges to apply, and the proper role of the courts within the system of government established by the U.S. Constitution."

Report Number:
CRS Report for Congress, R44419
Author:
Publisher:
Date:
2016-03-18
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
Help with citations