Justice Barrett Makes Her Case
Four days before the presidential election in November 2016, the Supreme Court held a beautiful ceremony in memory of Justice Antonin Scalia. The event honored Scalia the man and Scalia the jurist. But for me a deep sadness pervaded it. Not only was my old boss gone, but his jurisprudential legacy would soon be erased. Everyone knew that Hillary Clinton would trounce Donald Trump on Election Day. Scalia's seat, which Senate majority leader Mitch McConnell had kept open since his death in February, would soon be filled, perhaps by Barack Obama's nominee Merrick Garland, perhaps by a more progressive pick by Hillary. Either way, the Court would have a new and emboldened liberal majority that would no longer have to depend on Justice Anthony Kennedy to wreak havoc on the Constitution.
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