|first used by Justice [[Robert Jackson]] in his influential concurrence in ''[[Youngstown Sheet and Tube Co. v. Sawyer]]'', 343 U.S. 579 (1952), it now describes the legal philosophy of Justice [[Antonin Scalia]] | |first used by Justice [[Robert Jackson]] in his influential concurrence in ''[[Youngstown Sheet and Tube Co. v. Sawyer]]'', 343 U.S. 579 (1952), it now describes the legal philosophy of Justice [[Antonin Scalia]] |