Is J. Alito moving closer to Scalia position on use of legislative history? Alito has used it in the past, but today he joined JJ. Gorsuch and Thomas in not joining part of J. Sotomayor opinion relying on legislative historyhttps://twitter.com/KimberlyRobinsn/status/1003638009470832641 …
This would be significant because while Alito is a strong conservative, he and Scalia parted company on issues of statutory (textualism) and constitutional (originalism) interpretation. Details in my book on J. Scalia's legacy:https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen …