David M. Dorsen - The Unexpected Scalia: A Conservative Justice's Liberal Opinions
In his comprehensive analysis of Antonin Scalia’s judicial philosophy, Dorsen, Of Counsel with Sedgwick, LLP, former Assistant Chief Counsel of the Senate Watergate Committee, and author of Henry Friendly, finds that the conservative justice wrote some surprisingly liberal opinions. Dorsen traces these to Scalia’s two bedrock principles: originalism, which caused him to decide cases as the founders would have in 1789, and textualism, which limits what judges can interpret. Guided by a rigorous adherence to these frameworks, Scalia expressed views that are more complex than the conservative stands he’s known for. This illuminating study of the late Justice’s thought is also a fascinating look at how and why the Supreme Court divides on constitutional and statutory cases, and how Justices’ philosophies frame their arguments.