Noah Feldman, Columnist

Scalia's Legacy on the Court Looks Surprisingly Secure

When he died in February, many thought his originalist constitutional approach died with him.

December 28, 2016 at 3:00 PM UTC

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

When he died in February, many thought his originalist constitutional approach died with him.
Photographer: Alex Wong/Getty Images

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If there were to be a legal man of the year1482504624842 for 2016, it would have to be Antonin Scalia. The justice died in February and has cast a long shadow over the whole year. His seat remains unfilled. His jurisprudence seems likely to be the touchstone for Donald Trump’s nominee.

Indeed, if Trump gets two or more Supreme Court picks, Scalia’s judicial legacy stands a chance of being vindicated rather than forgotten -- which seemed almost unthinkable when he died. Scalia’s legacy is therefore poised to set the tone for future constitutional battles in a way not seen since the 1935 death of Oliver Wendell Holmes, another great dissenter.