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    Commentary: Antonin Scalia and the uncertain future of legal conservatism

    by Peter Schwartz, Chicago Tribune Jan 03, 2023 3 minutes
    Supreme Court Justice Antonin Scalia waits for the beginning of the taping of "The Kalb Report" on April 17, 2014, at the National Press Club in Washington, D.C..

    During her 2010 Senate confirmation hearings, centrist-liberal Supreme Court Justice Elena Kagan famously allowed that “we are all originalists.” In a 2015 interview at Harvard Law School honoring her then-colleague Justice Antonin Scalia, Kagan proclaimed that “we are all textualists now.”

    However, in a dissent opinion to the West Virginia v. Environmental Protection Agency decision, which gutted the Clean Air Act, Kagan wrote: “Some years ago, I remarked that we’re all textualists now. ... It seems I was wrong. The current Court is textualist only when being so suits it.”

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