Are Buttigieg’s Latest Airline Rules Going to Get People Killed?
Creator of the West Wing Blames This Person for January 6...And It's Not...
Palestinian Terrorists Launched a Mortar Attack on Biden's Humanitarian Aid Pier in Gaza
Top Biden Aides Didn't Have Anything Nice to Say About Karine Jean-Pierre: Report
KJP Avoids Being DOA Due to DEI
Senior Sounds Off After USC Cancels Its Main Graduation Ceremony
Several Anti-Israel Protestors Funded by George Soros
Ilhan Omar Joins Disgraced Daughter at Pro-Terrorism Columbia Protests
NYPD Chief Has a Message for 'Entitled Hateful Students:' 'You’re Fired'
Blinken Warns About China's Influence on the Presidential Election
Trump's Attorneys Find Holes In Witnesses' 'Catch-and-Kill' Testimony
Southern California Official Makes Stunning Admission About the Border Crisis
Another State Will Not Comply With Biden's Rewrite of Title IX
'Lack of Clarity and Moral Leadership': NY Senate GOP Leader Calls Out Democratic...
Liberals Freak Out As Another So-Called 'Don't Say Gay Bill' Pops Up
Tipsheet

Researchers Identify Which of Trump's SCOTUS Candidates Is Most Similar to Scalia

In a recently published research paper, legal scholars identified what it meant when President-elect Trump said he’d fill the vacant Supreme Court seat with a justice like Antonin Scalia.

Advertisement

In “Searching for Justice Scalia: Measuring The ‘Scalia-ness’ of the Next Potential Member of the U.S. Supreme Court,” the researchers determined which among Trump’s stated candidates for the job would exhibit Scalia’s jurisprudence and style.

“This study proposes three empirical measures of what made Justice Scalia Justice Scalia,” the authors wrote. “First, how often does a judge promote or practice originalism? Second, how often do they cite to Justice Scalia's non-judicial writings, writings that were not about the substance of the law but about how to think about interpreting the law. And third, how often does a judge write separately, something Justice Scalia did 25.9% of the time when he was not writing the majority opinion over his last 20 years on the court.”

Based on these measures the researchers developed the “Scalia Index Score,” which they say gives an objective way to measure potential SCOTUS picks against Scalia.

Based on this index, the candidate with the highest score, and thus most similar to Scalia, is Utah Supreme Court Justice Thomas Lee.

Advertisement

After Lee came Judge Neil Gorsuch of the 10th U.S. Circuit Court of Appeals, and Judge William Pryor of the 11th U.S. Circuit Court of Appeals.

Lee, whose brother is Utah GOP Sen. Mike Lee, is a graduate of University of Chicago Law School and clerked for Justice Clarence Thomas at the Supreme Court. He was briefly in private practice before joining the faculty at J. Reuben Clark Law School at Brigham Young University. He held several posts at the Department of Justice during the Bush administration before his appointment to the Utah Supreme Court in 2010.

Others have also noted the similarities between Lee and Scalia.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement