A recent Federalist Society conference was an Antonin Scalia lovefest as panelists and speakers burnished the late U.S. Supreme Court justice’s legacy. Scalia is often regarded as one of the best and clearest writers on the court. But a powerful contrary theory was advanced that Scalia harmed his own legacy with language in his opinions that lacked empathy and was hurtful to segments of the public.
Toni Massaro, professor and former dean of the University of Arizona James E. Rogers College of Law, made that case after two former Scalia law clerks — Kannon Shanmugam of Williams & Connolly and Brian Fitzpatrick of Vanderbilt University Law School — sang Scalia’s praises.
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