Blog: Scalia’s Influence on the Religion Clauses: Part II
During the last thirty years, Justice Scalia was a key figure in the Supreme Court’s steady movement away from separationist readings of the Establishment Clause in state funding of religious...
Justice Scalia and the Fair Housing Act: A Textualist Approach Honed in Oral Argument
Justice Antonin Scalia’s output in the area of housing rights, and Fair Housing Act (FHA) law specifically, is deceptively sparse, if judged by authored opinions. Assessing his impact on these...
Justice Scalia, Challenges to the Affordable Care Act, and a Missed Opportunity to Meaningfully Engage the Right to Healthcare
Justice Antonin Scalia was known for his polarising opinions on fundamental issues in American policy. Yet, his recent dissents in major legal challenges to the Affordable Care Act (ACA) are...
Justice Scalia’s Legacy on Gender Equality: No Need to “Remember the Ladies”
Despite Justice Scalia’s well-known friendship with the most feminist Justice on the United States Supreme Court, Ruth Bader Ginsburg, Scalia was no friend to feminist legal efforts. Indeed, he was...
Justice Scalia’s Repudiation of Women’s Health and Reproductive Rights
Throughout the three decades that Justice Antonin Scalia served on the United States Supreme Court, he was invariably viewed as one of the Court’s staunchest opponents of sex equality and...
Justice Scalia’s Influence on the Religion Clauses Part I: Free Exercise Law
The “big three” issues in Religion Clauses jurisprudence are: (1) whether and how judges should decide claims to free exercise exemptions from generally applicable laws; (2) when government religious speech...
In Deference to Majoritarian Oppression: Justice Scalia’s Indifference to LGBTQ Lives
On June 26 2015, in Obergefell v. Hodges, a five-member majority of the United States Supreme Court struck down state bans on same-sex marriage as unconstitutional. For the LGBTQ rights...
Justice Antonin Scalia’s Rebuke of Innocence
Throughout his thirty-year service on the United States Supreme Court, Justice Antonin Scalia questioned whether criminal defendants who maintained their innocence should be entitled to a second chance. Indeed, in...
Antonin Scalia’s Voting Rights Legacy: Weakening the Franchise for Minorities
The death of U.S. Supreme Court Justice Antonin Scalia has provoked numerous discussions about the future direction of the Supreme Court and Justice Scalia’s impact as a jurist. While many...
Venezuela’s Battle for the Rule of Law
Once one of Latin America’s richest countries and with the second-largest oil reserves in the world, Venezuela is now on the brink of an economic and political meltdown. The International...
Striking a Fine Balance: A Welcome Judicial Review of Executive Discretion in MM
On 3 December 2015, the High Court (Administrative Division) of England and Wales rendered an important decision in MM & GY & TY v Secretary of State (“MM”) with respect...
Will There be Any Women in Fifty Years Time, Lord Sumption?
In September of this year, Lord Sumption, a Justice of the United Kingdom Supreme Court caused consternation by issuing a dire warning that a rush to equality could have “appalling...
