Despite the powerful sense of his absence from our temporal world, the mortal Justice Scalia is very present in these pages.
Blame the later interpreters, not John Marshall, for the misuse of this circumspect opinion.
What could be worse than attributing a crime to John Marshall and his brother? Justifying it, which is in effect what this biographer does.
Kevin C. Walsh is a Professor of Law at the University of Richmond School of Law.