The New York Review has published “The Battle Over Scalia’s Legacy” by Noah Feldman, an insightful and reflective look at The Essential Scalia: On the Constitution, the Courts, and the Rule of Law.
The Essential Scalia is a collection of opinions, speeches, and articles from late U.S. Supreme Court Associate Justice Antonin Scalia on some of the most important and complex legal issues of our time. The book was edited by Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit and Edward Whelan, and includes a foreword from U.S. Supreme Court Associate Justice Elena Kagan.
The piece examines the recent appointment of the three conservative justices nominated by President Donald Trump to the Supreme Court of the United States—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—who have aligned their judicial philosophies with Justice Scalia. Mr. Feldman considers the complex legacy of the late Justice and how his principles of judicial restraint, originalism, and textualism have become particularly poignant as the nation’s highest court grapples with issues like abortion and LGBTQ rights.
Read the full piece here [subscription required].