Judicial Decision Making
                 
Before beginning this assignment, make certain that you have read Chapter 15 in your text (“The Federal
Courts”), watched the hour-long CSPAN video on Antonin Scalia, and read the following two articles:
“Originalism, Amy Coney Barrett’s Approach to the Constitution, Explained” (by Ian Millhiser in Vox October
12, 2020) and “The Lie About the Supreme Court Everyone Pretends to Believe” by Adam Serwer in The
Atlantic September 28, 2021). The links are provided below. Then write a brief report that contains three
separate sections that address all the points in each set of questions. Notice the expected word count for each
section (exceeding the word count will not negatively affect your grade, but please try to stay within the range).
1. Describe Justice Scalia’s perspective on Constitutional interpretation based on the CSPAN video
interview. What does he say guides his decision making? List and describe two points made by
Justice Scalia that you found particularly interesting, novel, or insightful. (approximately 150-200
words)
2. Using your text and the article in Vox, define originalism and indicate why some find this perspective
appealing. What are the limits of this perspective? How does originalism constrain judges? How
does the author of the Vox article say that originalism might actually give Supreme Court justices
tremendous discretion? (approximately 150-200 words)
3. According to the piece in The Atlantic, what is the “lie” about the Supreme Court that everyone
pretends to believe? What evidence does the author use to support his point of view? Given what
your textbook says, does it appear that empirical findings from political science research supports this
perspective? (approximately 150-200 words)