TBA Law Blog

TBA Law Blog

Loss of Originalism Will Impact Scholarship, Professor Says

Posted by: Amelia Ferrell Knisely on Feb 23, 2016
News Type: U.S. Supreme Court

The vacant space on the Supreme Court in the wake of Justice Antonin Scalia’s death is not likely to be filled with an originalist and this will cause the originalism to "fade away," Eric Posner says in his blog. Posner, a professor at University of Chicago Law School, says the gap in ideology on the High Court leaves legal scholars writing on originalism with no audience but themselves. “The audience for originalist scholarship — and I mean the audience with the power to use originalist scholarship to change people’s behavior and thereby to validate the importance of the scholarship — consists entirely of nine people: the justices of the Supreme Court,” he writes.

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