Category Archives: Scalia

In Defense of Scalia: A Heartless Person with a Point

I do not usually consider the arguments that would insist that a child face her abuser in court. Where I come from we call people who make such arguments (pardon my French), “assholes.” However, in his cold, calculating, yet inappropriately … Continue reading

Posted in Scalia, Supreme Court and Social Reform, Uncategorized | 2 Comments

The Supreme Court – sometimes it is fun and games

In our previous class, we discussed different frameworks judges can use to approach court cases.  Is the Letter of the law to be followed closely or are we allowed to consider context and meaning?  We have also been introduced to … Continue reading

Posted in Constitutional Interpretation, Law and Difference, Scalia, Uncategorized | 4 Comments

Scalia’s Sassiness and Sarcasm: Hilarious or Inappropriate?

Antonin Scalia is undoubtedly the most charismatic and infamous justice on the Supreme Court today. He is outlandish, abrasive, but still at times very succinct with his views of statutory interpretation. He’s the kind of character that you wouldn’t expect to … Continue reading

Posted in Constitutional Interpretation, Scalia | 3 Comments

Sherbert, Peyote, and Contraceptives: The Right to Free Exercise

Prior to 1990, the standard for Free Exercise claims, known generally as the “compelling interest test” (also known as the Sherbert-Yoder test from the cases that set the precedent), was much more deferent to the religious rights of individuals. This … Continue reading

Posted in Constitutional Interpretation, Rights, Scalia, Supreme Court and Social Reform, Tyranny of the Majority | Tagged , , , | 3 Comments

Team Brennan: Textualism v. Contemporary Ratification

During a class discussion on the interpretation of the Constitution, a student humorously stated that as long as the Supreme Court’s decisions were in alignment with their own views, then the process of how the Court came to that decision … Continue reading

Posted in Brennan, Constitutional Interpretation, Privacy, Scalia, Tyranny of the Majority | 14 Comments