Antonin Scalia

Latest in Antonin Scalia

Campaign 2016

Trump and the Powers of the American Presidency (Part II)

It is some of the presidency’s deepest institutional virtues, not its institutional vices, that make it terrifying in the hands of a man like Trump. To make the presidency secure from a man like Trump, you would have to do a lot of things to disable it; you’d have to do things to the presidency that would render it the one thing scarier than a presidency Trump could abuse.

Campaign 2016

Miguel Estrada and My Thoughts on the Politics of Replacing Justice Scalia

This has nothing to do with national security, but I have a feeling it will be of interest to many Lawfare readers anyway. Miguel Estrada and I have an essay out in the Washington Post on the judicial confirmation process and the politics of replacing Justice Scalia. We are, shall we say, skeptical of the "principled" arguments of both parties. It opens:

In memoriam

A More Circumspect Take on Justice Scalia and National Security

In my view, at least, Justice Scalia's public statements on national security issues and his one majority(-ish) opinion in a "canonical" national security case (in Ashcroft v. al-Kidd) could lead folks reasonably to question just how faithful Justice Scalia was to his first principles where national security was involved. That doesn’t in any way diminish the late Justice’s track record (or Adam’s elegant reflection upon it); it just suggests that, as is so often the case, adding national security-specific considerations to the mix tends to complicate matters.

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