Super Lawyers
William C. Altreuter

Monday, February 15, 2016

I'd gone into the co-op to buy a baguette, and when I got back in the car A. said, "Scalia died." "Good," I said, and I laughed. Few have done as much harm to American jurisprudence as Antonin Scalia, who claimed that he was an "originalist" or a "textualist". Neither theory of constitutional law is consistent with the common law tradition the constitution emerged from, or the history of constitutional law from at least Marbury on. What his theories allowed him to do was to engage in a type of outcome determinative decision-making that suited his political ideology. Since, under our system, we are mostly stuck with his decisions we find that we are living in a post-Scalia world. Tramp the dirt down.

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