This Supreme Court Has Betrayed Antonin Scalia’s Legacy

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Scalia, at least some of the time, stopped short of acting on his ideological preferences thanks to an overriding commitment to judicial restraint.

The doctrine of deference to administrative agencies is only the latest of Scalia’s edifices to topple., commentators will have a field day picking apart the case’s implications for separation of powers, the future of the regulatory state, and the upheaval of administrative law professors’ syllabi.

. But the current court, in seeking to serve the partisan interests of the Republican Party by any means possible, has taken the law to places even the archconservative Scalia was too intellectually honest to go. Scalia, at least some of the time, stopped short of acting on his ideological preferences thanks to an overriding commitment to judicial restraint; today’s conservative justices rarely have such qualms.

 

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