Britannica
Sources used in this answer
How did Antonin Scalia influence the growth of textualism among judges?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
Antonin Scalia
Associate Justice of the U.S. Supreme Court Antonin Scalia, 2006.
Antonin Scalia was the primary architect of textualism, a theory of legal interpretation that prioritizes the common meaning of words in a statute at the time of its enactment over the subjective intentions of the drafters. By championing this approach, Scalia sought to curb what he termed "judicial activism," arguing that judges should interpret the law as written rather than making policy based on personal preferences or evolving societal standards.12
Scalia’s influence on the growth of textualism was profound and multifaceted:
- Intellectual Advocacy: He consistently promoted textualism and its related theory, originalism, in his judicial opinions and public discourse, framing them as essential tools for maintaining a restrained judiciary.12
- Broadening Appeal: While initially favored by a small group of conservatives, his rigorous application of these methods gradually gained acceptance across the ideological spectrum. By the time of his tenure, textualism had become a standard mode of interpretation, leading even liberal justices to acknowledge its dominance in modern legal practice.1
- Institutional Impact: His work helped shift the Supreme Court's interpretive culture, making textual analysis a central feature of judicial decision-making under subsequent leadership.1