Peter Shane

The Constitution as a Code of Honor

It would probably delight the late Justice Antonin Scalia to know that the fight over his successor was generating constitutional controversy. Indeed, like many controversies that Justice Scalia fueled, this one concerns not only the implications of particular clauses, but the very nature of constitutional law. In nominating Judge Merrick B. Garland to succeed Justice… Read more »

How Antonin Scalia Punched Down

United States Mission Geneva/Wikimedia Commons The encomiums bestowed upon the late Justice Antonin Scalia know no partisan limits. Tributes from conservatives have been earnest and effusive, untroubled, of course, by philosophical disagreement. But the homages that begin, “Although we agreed about nothing,” have been no less heartfelt or expansive. Many across the ideological spectrum were… Read more »

A Not-So-Solomonic Decision

Just as the heat of a Middle Eastern desert may so refract light as to distort a traveler’s perception of reality, so, too, may human legal judgment be distorted by the superheated political and media environment surrounding all questions touching on Israel. Zivotofsky v. Kerry, the Supreme Court’s 5-3-1 decision invalidating Section 214 of the… Read more »