Several years on from the death of Antonin Scalia, what is his legacy? What did he leave the Supreme Court and jurisprudence? In
The Justice of Contradictions: Antonin Scalia and the Politics of Disruption (Yale University Press, 2018),
Rick Hasen takes up the large task of answering parts of this question. Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine.
Scalia was funny and rude and innovative. Scalia was disrupter on the court, as the book’s subtitle suggestions. Much of Hasen’s book wrestles with Scalia’s favored ways of interpreting the law, textualism and originalism. Hasen shows the impact of the turn to these approaches, both in specific court rulings, but also in the wider impact on other jurists. Hasen argues that Scalia’s legacy will be protected by the large numbers of lawyers and newly appointed judges who adopted his approaches, including the newest justice, Neil Gorsuch.