What’s the outlook for criminal-justice jurisprudence from the new Supreme Court, if Neil Gorsuch fills the late Justice Antonin Scalia’s seat?
It’s an interesting question, because, as I’ve written here before, Justice Scalia was genuinely idiosyncratic when it came to criminal cases. And the short answer is that Gorsuch won’t be another Scalia on criminal law, because no one can be. Scalia’s influence on criminal jurisprudence was powerful and multifaceted, and cut across . . .
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