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Why Finding a Successor for Justice Scalia Will Be a Challenge
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Why Finding a Successor for Justice Scalia Will Be a Challenge

Knowledge at Wharton·Knowledge at Wharton Staff·about 1 month ago
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U.S. Supreme Court Justice Antonin Scalia, who died last weekend in Texas at age 79, has left a legacy of commitment to “textualism” and “originalism” that overrides legislative history in interpreting statutes and the Constitution, according to experts at Wharton and the University of Pennsylvania Law School. While many of Scalia’s opinions aligned with conservative policy views, especially on gay rights and abortion, he would have made a “secular argument” for them, they said. Scalia, who spent 30 years on the Supreme Court, was also “a lover of democracy,” and supported diversity in the composition of justices, the experts noted. Now, as President Barack Obama and the Republican Party clash over appointing a successor to Scalia, they warned of the dangers of a 4:4 split in court decisions until the vacancy is filled. Justice Scalia has left a legacy in three areas, according to Eric Orts , Wharton professor of legal studies and business ethics.…

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