Robson on “The Legacy of Antonin Scalia: Don’t Mourn, Organize”

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Feminist Law Prof Ruthann Robson (CUNY) has published “The Legacy of Antonin Scalia: Don’t Mourn, Organize” over at the Women’s Review of Books.  Here is an excerpt:

With the unanticipated death of Justice Antonin Scalia on February 13, the United States Supreme Court has become a more hospitable forum for feminist causes. While Justice Scalia was not alone in his hostility to feminism—remaining Justices Samuel Alito and Clarence Thomas are equally unsympathetic—Scalia proved himself particularly rancorous during his three decades on the high court bench. In opinion after opinion, Scalia expressed views inconsistent with women’s equality: he believed that an historically all-male military academy should be able to continue to exclude women; that the constitution did not protect a woman’s right to abortion or her right to be free from domestic violence; and that the constitution should not prohibit attorneys from excusing potential jurors based on their gender. He was an ardent foe of sexual minority rights, contending that the constitution did not protect against the criminalization of same-sex intimacies or the prohibition of same-sex marriages. He believed a state should be able to prevent local laws that outlawed discrimination based on sexual orientation. He did credit theconstitution as having rights for some: if you claimed to be “disadvantaged” by an affirmative action program; or if you wanted to purchase, own, or use firearms; or if you challenged environmental regulations on your beach front property, then Scalia’s constitution proved most accommodating.

Read the rest of the post here.

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