I recently appeared on Prof. Eric Segall’s “Supreme Myths” podcast. We talked about several subjects, including my book Free to Move: Foot Voting, Migration, and Political Freedom, whether George Mason University (where I teach) was justified in renaming its law school after the late Justice Antonin Scalia, and the state of originalism.
The Scalia renaming issue strikes me as far less significant than the others we talked about. But it has broader implications for both assessments of Scalia and the issue of which historical figures are worthy of being honored in this way, and why.
It was an honor to appear on a podcast whose previous guests include numerous prominent legal scholars and commentators, including Volokh Conspiracy co-bloggers Randy Barnett, Orin Kerr, Eugene Volokh, and Keith Whittington, among others. As is evident from the podcast, Eric Segall and I have many differences, including on the topics of originalism and the Scalia renaming. But I commend him for his openness to civil debate and discussion, with advocates of a wide range of views, including those he strong disagrees with.
I should note my memory failed me at one point in the podcast, when I said the European Union has a population of 600 million. The correct figure is actually about 447 million. I apologize for that mistake.