Search results
- The Justice was a dissenter from much of the Court’s dormant Commerce Clause jurisprudence based on his twin concerns that the doctrine was neither grounded in the constitutional text nor capable of predictable administration. 20 He captured the latter concern by likening the Court’s balancing test to one that asked judges to divine “whether a particular line is longer than a particular rock is heavy.” 21 He had particular disdain for the “shocks the conscience” test sometimes employed in the...
judicature.duke.edu › articles › why-we-read-the-scalia-opinion-first
People also ask
Why did Justice Scalia dissent?
Who was Antonin Scalia?
Was Justice Antonin Scalia a good read?
How did Justice Scalia contribute to jurisprudence?
Justice Scalia made lasting contributions to the Court’s jurisprudence by reinforcing the primacy of statutory language and championing the interpretation of the Constitution by reference to the original public meaning of the constitutional text.
Oct 7, 2018 · Thirty years after the decision in Morrison v. Olson, questions raised in Justice Antonin Scalia’s lone dissent continue to inform legal debate on separation of powers and the unitary executive. Some scholars consider Justice Scalia’s dissent to be his finest opinion.
Feb 14, 2016 · The judge, whose death at the age of 79 was announced Saturday, had said that he relished in writing dissents because that was when he could simply convey his opinion without...
- Obamacare Ruling, Part 2
- Lawrence vs. Texas
- Gay Marriage Ruling
- The Court and Golf: Scalia's Sarcasm on Full Display
- Scalia on School Prayer — and Interior Decorating
In King vs. Burwell, the Supreme Court upheld a key component of President Obama's signature domestic achievement, the Affordable Care Act, for a second time. In his dissent, Scalia made clear what he thought the court's legacy on the issue would be:
The Supreme Court ruled anti-sodomy laws unconstitutional 12 years before it legalized gay marriage. Scalia, who dissented in both cases (see below), made clear in this 2003 opinion what he thought of the trajectory of the court and the wisdom of the majority: Prep for the polls: See who is running for president and compare where they stand on key ...
In Obergefell v. Hodges, Scalia again picked up on the "logic" theme in furiously denouncing the court's reasoning in its landmark case legalizing gay marriage nationwide, in particular the language employed in the majority decision:
Golfer Casey Martin asked the court to rule that the PGA Tour allow him to ride in a golf cart during tournaments, given his disability. The court ruled in his favor, prompting a sarcastic dissent from Scalia:
The Supreme Court in Lee v. Weisman, ruled that prayer led by a clergy member at a public school graduation ceremony was unconstitutional. Scalia slammed the court's reasoning:
- Cooper Allen
Justice Scalia delivered a scathing dissent saying that for the first time the Supreme Court was conferring constitutional rights to non-Americans. The decision, Scalia...
Oct 21, 2015 · Jeffrey Shulman from Georgetown Law looks at Justice Antonin Scalia’s well-crafted dissent in the Obergefell same-sex marriage decision, which he believes is a trend setter for legal citations.
Jun 22, 2012 · Supreme Court Justice Antonin Scalia is not the sort of person who’s shy about expressing his opinion, even at the risk of offending others. In a dissent he wrote that was released on...
