MSLF attorney David McDonald published an op-ed in RealClearPolitics today on the enduring legacy of Justice Scalia.
During her 2010 Supreme Court confirmation hearings, Elena Kagan, fresh off a stint as Barack Obama’s solicitor general, created a minor stir in legal circles by stating, “We are all originalists.” While clearly an exaggeration, this statement spoke to a subtle but increasingly apparent truth: Since the 1980s, constitutional text and history have become ever more central to Supreme Court jurisprudence.
