Professor David Forte’s article, “The Faith and Morals of Justice Scalia,” has been published in the Intercultural Human Rights Law Review. In the article, Professor Forte explains Scalia’s fundamental view that “statutory and constitutional law” was fundamentally “positivistic,” with “validity derived from the will of the democratic electorate.” The article discusses Justice Scalia’s devout Catholicism, examining how parts of Justice Scalia’s Catholicism “might have accounted for his particular style of judging and why he believed that originalism and textualism were morally required of judges.”
The citation is David F. Forte, “The Faith and Morals of Justice Scalia,” 14 Intercultural Human Rights Law Review 68 (2019).