Antonin Scalia

Latest in Antonin Scalia


Scalia and Foreign Law

On November 18th, at the Federalist Society’s National Lawyers Convention, I joined a trio of eminent national-security-law experts—Texas’s Steve Vladeck, the Brennan Center’s Liza Goitein, and GW’s Brad Clark—for a lively panel on Justice Scalia’s legacy in our field. That was also the theme of an essay I wrote for Lawfare in the wake of Justice Scalia’s passing in February.

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.

In memoriam

Justice Scalia’s Legacy

Justice Antonin Scalia’s views on much of national-security litigation are embodied in an awkward moment during my clerkship interview. Justice Scalia, like most judges, believed that an aspiring law clerk’s transcript should be mostly black-letter law courses, rather than esoteric seminars and other “fluff.” (He’s right, but that’s another story.) My law-school record had a respectable proportion of black-letter law but also plenty of Lawfare fodder: international law, IHL, and various national-security-law seminars (including some taught by Lawfare’s own Matt Waxman).

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