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« Ugh | Main | AP's Erin Texeira Strikes Again » June 05, 2006What Happened to 'Scalito'?Prior to his nomination to the United States Supreme Court, Justice Samuel Alito was sometimes referred to by the press as "Scalito" for "views resembling those of conservative Supreme Court Justice Antonin Scalia." But as numerous commenters argued at the time, such a portrayal of Justice Alito is lazy and ignorant. Alito and Scalia are seperate individuals with a deep a nuanced jurisprudence. (See Ed Brayton's post here.) This has become apparent already after Justice Alito's second opinion, handed down today in Zedner v. United States. Prof. Orin Kerr provides the full analysis of Scalia's concurring opinion which highlights his refusal to join in the main opinion because of its partial reliance on legislative history. This strong "textualism" defines Scalia's jurisprudence and it's noteworthy that Alito was willing to go outside of the text for interpretation. I'd be remiss if I didn't also point out that frequent commenters JohnS and others were dead wrong in responses to this post when they tried to claim Justice Alito would be filibustered. He wasn't, obviously, and was confirmed by the Senate. Posted by Joshua Claybourn at June 5, 2006 08:23 PM CommentsPost a comment |
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