When Scalia Wasn't Such an Originalist

5 Pages Posted: 30 Sep 2016

See all articles by Michael Lewyn

Michael Lewyn

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2016

Abstract

Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.

Keywords: Originalism, Scalia, Constitution, Supreme Court, Takings Clause, Fifth Amendment

Suggested Citation

Lewyn, Michael, When Scalia Wasn't Such an Originalist (2016). 32 Touro L. Rev. 747 (2016); Touro Law Center Legal Studies Research Paper Series. Available at SSRN: https://ssrn.com/abstract=2844276

Michael Lewyn (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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