John Elwood Discusses Justice Scalia’s SCOTUS Legacy in Bloomberg Law

John Elwood, head of Arnold & Porter’s Appellate practice, was quoted in the Bloomberg Law article, “Mentions of Justice Scalia Surge at Conservative-Dominated Court,” which examined the sharp increase in references to the late U.S. Supreme Court Justice Antonin Scalia during this term’s oral arguments.

“Scalia, known more for his biting dissents in the minority during his 30 years as justice, is now a ‘reference point for how arguments are framed,’” John said.

He also noted that shifts in the Court’s ideological balance have changed how advocates frame their arguments. When Justices Anthony Kennedy and Sandra Day O’Connor were the Court’s swing votes, lawyers often tailored briefs to their opinions. “The Scalia opinion is more useful now,” John said.

Read the full article (subscription required).