Did Justice Scalia Name His Own Successor a Week Before He Died?

According to Law Professor Bryan Garner he did. On February 10,2017 Professor Garner revealed to his Advanced Legal Writing Class at Southern Methodist University that a week before his death Justice Scalia claimed that Judge Gorsuch was the best legal writer at the Appellate Court. In fact, Justice Scalia turned down the opportunity to write another book with Garner, because he believed Gorsuch would be a younger, qualified replacement.

Though Justice Scalia may not have personally anointed Gorsuch, he surely recognized his caliber, capabilities and competence. For anyone who hoped to see a man of Scalia’s stature and beliefs take his place, it seems even Justice Scalia himself could not have picked a better choice than Judge Gorsuch.

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