Document Type
Article
Publication Date
1-1-2016
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.
Recommended Citation
Lewyn, Michael, "When Scalia Wasn't Such An Originalist" (2016). Scholarly Works. 777.
https://digitalcommons.tourolaw.edu/scholarlyworks/777
Source Publication
Touro Law Review
