Document Type
Article
Publication Date
January 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