Volokh Conspiracy . . . "First, it is premature to conclude that the death of Scalia portends a major decline in interest in originalism among Supreme Court justices. It is quite possible that Senate Republicans will succeed in blocking President Obama’s nominee from replacing Scalia. If so, and a Republican candidate (at least one other than Donald Trump) wins the election, Scalia might well be replaced by a like-minded originalist. Originalism is now the dominant constitutional theory on the political right, and a GOP president would feel some pressure to replace Scalia with an adherent of the same worldview.
"Even if Obama is able to replace Scalia with a nonoriginalist liberal, originalism might still rebound from that setback in the near future. There are three other relatively elderly justices who might well leave the Court in the next few years, all of them nonoriginalists: Stephen Breyer, Ruth Bader Ginsburg, and Anthony Kennedy. Depending on who wins the 2016 and 2020 presidential elections, it is quite possible that some or even all of these justices might be replaced by successors more sympathetic to originalism. " . . .
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