The opinions Justice Scalia joined will start being treated worse, even if he is replaced by a like-minded Justice

A just-published paper (published version here, prepublication version here) by Georg Vanberg and me casts a different light on Justice Scalia’s death: the majority opinions he joined will likely lose force now that he has left the Supreme Court. This phenomenon is not specific to Justice Scalia. We find that circuit court judges are more […]