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Constitutional Law

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2016

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When Scalia Wasn't Such An Originalist, Michael Lewyn Jan 2016

When Scalia Wasn't Such An Originalist, Michael Lewyn

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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.