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The Conservative Revolution of Antonin Scalia

by David A. Schultz Editor · Howard Schweber Editor

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Many hoped or feared that Antonin Scalia's appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia's nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia's influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views—both substantively and methodologically—was less than many mainstream media accounts recognize. Scalia's institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia's legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.

Publication Details

Publisher:
Lexington Books
Publication Date:
2018

Format

  • OverDrive Read 2.9 MB
  • Adobe PDF eBook 3.3 MB
  • Adobe EPUB eBook 2.9 MB

David A. Schultz (Editor)

David A. Schultz is professor of political science at Hamline University.Howard Schweber is associate professor of political science at the University of Wisconsin, Madison.

More about David A. Schultz

David A. Schultz (Contributor)

David A. Schultz is professor of political science at Hamline University.Howard Schweber is associate professor of political science at the University of Wisconsin, Madison.

More about David A. Schultz

Creators

Contributor :
Ryan Black
Contributor :
Ryan J. Owens
Editor :
Howard Schweber
Contributor :
Howard Schweber
Contributor :
Christopher E. Smith
Contributor :
Justin Wedeking
Contributor :
Tim Johnson
Contributor :
Stephen M. Feldman
Contributor :
Charles F. Jacobs
Contributor :
Ronald Kahn
Contributor :
Mary Welek Atwell
Editor :
David A. Schultz
Contributor :
David A. Schultz
Contributor :
Henry L. Chambers Jr.
Contributor :
Maureen Stobb
Contributor :
Jesse Merriam
Contributor :
Gerard Michael D'Emilio
Contributor :
Christopher J. Krewson
Contributor :
Alexander Denison
Contributor :
James Staab
The Conservative Revolution of Antonin Scalia
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