Prof. Hadley Arkes participated in a symposium at the Library of Law & Liberty, each author providing a unique testimony to the extraordinary value of Justice Scalia’s impact on the Supreme Court. From Prof. Arkes’s entry:
“No one came close to Scalia in this art of drawing out the implications of these moral and legal principles for our lives daily led. He boasted that he had never taken a course in logic, but he became the most relentless logician on that Court. In the Rapanos case (2006), on wetlands, the federal government sought to extend its controls over anything plausibly ‘wet.’ Justice Kennedy argued for an expansive definition, covering any body of water, moving or still, which could affect ‘navigable waters.’ Scalia replied aptly with a question: ‘But what possible linguistic usage would accept that whatever (alone or in combination) affects waters of the United States is waters of the United States?’ To which I remarked, ‘Nino, a good day’s work: a bit of propositional logic, which works to establish the limits to a federal statute.'”
Read the whole symposium here.