Scalia’s legacy of objectivity

Published March 9, 2016 5:00am ET



Justice Antonin Scalia’s more important legacy may be objectivity more so than conservatism. Scalia advanced broad acceptance of an objective method of interpretation without inherently favoring liberal or conservative policies. Originalism relies on the meaning of words written by others long ago instead of modern political fashions. Its objectivity ensures that law is more distinct from policy or politics.

Perhaps the best example of Scalia’s influence on jurisprudence is the dissent in District of Columbia v. Heller — Scalia authored the majority opinion. The Heller dissent is an in-depth historical analysis of the Second Amendment’s text and history spanning 46 pages. It breaks down the amendment’s text word-by-word, clause-by-clause, and interprets it in light of period documents, including the Declaration of Rights of six states and militia statutes of several others. It engages with the English Bill of Rights, the Federalist, and Blackstone’s Commentaries. It criticizes the majority’s misreading of the Second Amendment’s preamble, concluding that the Court is merely reflecting its own policy preferences rather than interpreting the Constitution. It was written by Justice Stevens, the “liberal lion.”

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