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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.
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