Many hoped or feared that Antonin Scalia's appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia's nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia's influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views-both substantively and methodologically-was less than many mainstream media accounts recognize. Scalia's institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia's legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.
Introduction: Assessing Antonin Scalia's Place in Supreme Court History David Schultz and Howard Schweber Chapter 1: Scalia, Sissies, and Administrative Law David Schultz Chapter 2: Justice Scalia's Modest Employment Discrimination Law Legacy Henry L. Chambers, Jr. Chapter 3: Playing Defense in the "Culture Wars": Justice Scalia on Race, Gender, and Sexual Orientation Mary Welek Atwell Chapter 4: Justice Scalia and Criminal Justice: A Mixed Record with Conservative Impact Christopher E. Smith and Charles F. Jacobs Chapter 5: Threat and Suspicion: Scalia's Legacy for A Transnational Judicial Dialogue Maureen Stobb Chapter 6: The Anti-Madison: Antonin Scalia's Theory of Politics Howard Schweber Chapter 7: Justice Scalia and the Legal Conservative Movement: An Exploration of Nino's Neoconservatism Jesse Merriam Chapter 8: Justice Scalia and the Originalist Fallacy Stephen M. Feldman Chapter 9: The Jurisprudence of Justice Scalia: Common-Law Judging Behind an Originalist Facade Ronald Kahn and Gerard Michael D'Emilio Chapter 10: Justice Scalia and Oral Arguments at the Supreme Court Tim Johnson, Ryan Black, and Ryan Owens Chapter 11: Justice Scalia's Concurring Opinion Writing Ryan J. Owens and Christopher J. Krewson Chapter 12: Justice Scalia's Confirmation Hearing Legacy Alexander Denison and Justin Wedeking Chapter 13: Was Antonin Scalia a "Great" Supreme Court Justice? James Staab About the Editors and Contributors
