A Decade After Scalia’s Death, His Methods Shape a More Textualist Supreme Court

Overview

• On the 10th anniversary of Justice Antonin Scalia’s death, new commentary emphasizes his enduring influence on how courts read laws and the Constitution.
• The piece argues textualism now dominates at the Supreme Court and in the lower federal courts, with opinions more focused on statutory text and historical meaning.
• It links Scalia’s dissents to outcomes such as Dobbs v. Jackson Women’s Health Organization overturning Roe and Students for Fair Admissions v. Harvard curtailing affirmative action.
• It recounts that after Scalia’s 2016 death, President Obama nominated Merrick Garland, Senate Majority Leader Mitch McConnell declined to advance the nomination, and later appointments shifted the Court rightward.
• It notes growing conservative disputes over strict originalism versus more openly outcome‑driven strategies and points to speculation that the Court could further revisit administrative‑state precedents.