Randy Barnett, one of my favorite legal scholars, has a new article available on SSRN called Scalia's Infidelity: A Critique of Faint-Hearted Originalism. In this article, he continues to distinguish "originalism, properly understood" from the brand of conservative originalism of which Justice Scalia is the most prominent advocate. In particular, it is based upon Barnett's William Howard Taft Lecture and is essentially a response to the Taft Lecture that Scalia gave in 1988, a very prominent speech in which he famously distinguished between an originalism that focused on the original framer's intent and one that focused on the original public meaning of the Constitution (opting for the latter, of course).
More like this
Noah Graubart has an excellent essay on the varieties of judicial conservatives, particularly in respect to the Alito nomination.
You'll recall that last week, Sam Walker told Radley Balko that Scalia had gotten his research considerably wrong in his opinion in Hudson v Michigan.
Justice Scalia gave a speech in Puerto Rico yesterday in which he bashed the idea of a "living constitution" (and rightly so, I think, this idea
I must be really predictable in what I write about. For the second time this week, someone emailed me a link to an article that I already had open on my screen with the intention of writing about.