Brennan v. Scalia, Justice or Jurisprudence? A Moderate Proposal
Brennan v. Scalia, Justice or Jurisprudence? A Moderate Proposal
110 W. Va. L. Rev. 1265
(An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.)
As the body of this Note will discuss, Justice Brennan followed an unabashedly liberal mode of interpretation, one which often valued the result over the method, while Justice Scalia follows a strict mode of construction, preferring the narrowest possible interpretation and placing more value in the mode of interpretation than the particular result reached. This Note will attempt to view the styles of both Justices with equal candor and respect while contemplating the potential flaws in both styles with the ultimate goal of proposing a more preferable method of interpretation that takes into account the goals of both Justices and incorporates the central purposes of the Supreme Court as an institutional whole.