Abstract
Following long decades of disrepute, legal formalism is experiencing a renaissance in the opinions of our highest court. There should be no surprise that this formalistic re-surgence coincides with the most conservative Supreme Court in many decades: modern legal formalism is almost uniquely a conservative project. Yet the association between conservatism and formalism calls for an explanation: what accounts for the conservative predilection for legal formalism? This article will examine a series of possible answers to that question, and will argue that legal formalism shares a natural intellectual affinity with conservatism.
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