Antonin Gregory Scalia has died. For some, it is the painful loss of a husband or father. For those who knew him, it is the loss of a good friend. For law students, it is the loss of a justice who wrote opinions with rigorous analysis, clarity of expression, and at times an acerbic wit.
For conservatives, it is the loss of a standard-bearer and icon. For liberals, it is the loss of an opponent who always fought hard but fair.
For those who never had the opportunity to know him, it is the loss of one of our greatest legal minds, of a judge and justice who had made, and will continue to make, legal history. And to those who were privileged to know him, it is the loss of a wonderful human being.
More than 100 men and women have been justices of the Supreme Court. All decided the outcome of individual cases and made small changes in the law.
Few changed its course.
Some—such as Joseph Story, Oliver Wendell Holmes, Hugo Black, Earl Warren, William Brennan, and William Rehnquist—will be remembered for moving the Supreme Court in one direction or another.
They launched the court into its existence as an institution. They addressed some of the most important issues that can arise under our Constitution—issues involving the separation of powers, freedom of speech and religion, the integrity of the criminal justice process, and the relationship between government and the nation. They established the Supreme Court—rightly or wrongly—as one of the most powerful institutions in our nation. Their tenure still has a powerful effect today.
But even fewer justices changed the course of the law. John Marshall was one. Antonin Scalia was another.
Scalia taught us that the law matters, that the law is the written word, and that the written word takes its meaning from how history understands it, not what we wish it might mean.
For him, the law was a tablet whose meaning could be discerned by focusing on the meaning of the words it contained, rather than by asking ourselves what we want it to mean. The latter, he said, was the stuff of politics, not law, and he drew a line in the sand between the two.
He maintained that view of a judge’s role even when it was unfashionable to hold that belief because it may lead to outcomes we may not like. But he believed that it was his duty to uphold the rule of law, because only that rule separated us from the many nations on the Earth governed by the rule of might.
Robert F. Kennedy once said that the privilege of public service carried with it the opportunity to bend history.
Not only did Antonin Scalia bend it; he turned it in a different direction. We will be forever grateful to him for that. Requiescat in pace.
From BIO |
Antonin Scalia was best known as an Associate Justice for the U.S. Supreme Court, appointed in 1986 by Ronald Reagan.
Antonin Scalia was a U.S. Supreme Court Justice member born on March 11, 1936 in Trenton, New Jersey. He was a practicing lawyer in the 1960s, and then worked in public service in the ’70s with roles in President Nixon’s general counsel and as the Assistant Attorney General. In the ’80s he became a part of President Ronald Reagan’s Court of Appeals. In 1986 the President nominated him as Associate Justice of the U.S. Supreme Court.
Antonin Gregory Scalia was the only child of Salvadore Eugene and Catherine Panaro Scalia. His father emigrated from Sicily as a teenager and came through Ellis Island. The older Scalia got a college education and became a professor of romance languages at Brooklyn College. Antonin Scalia’s mother was first generation Italian-American who worked as an elementary school teacher until Antonin was born. Early in life, he acquired the nickname “Nino,” partly in remembrance of his grandfather, for whom he was named.
As a young boy, Antonin Scalia enjoyed being an only child in his immediate family as well as his extended family, a rare occurrence in Italian Catholic families at the time. Scalia admitted that being the center of so much attention gave him a very secure feeling growing up. But being the only child also meant everyone’s expectations were put squarely on him. His father was a major influence in his life providing him with much of his core values of conservatism, hard work, and discipline that he exhibited as an adult.
Antonin Scalia grew up in a multi-ethnic neighborhood of Queens in New York City. He attended a public elementary school where he was a straight A student. He went on to Xavier High School in Manhattan, a military school run by the Jesuit order of the Catholic Church. It was there that Scalia’s conservatism and deep religious conviction was further developed. Self-described as “not a cool kid,” he spent much of his time absorbed in his school work, and he continued to receive high academic marks and finished first in his class.
In 1953, Antonin Scalia enrolled at Georgetown University in Washington, D.C., where he graduated valedictorian and summa cum laude with a bachelors degree in History in 1957. After graduation, he went on to study at Harvard Law School and during his final year he met his wife of 48 years, Maureen McCarthy, an undergraduate at Radcliffe College. The marriage flourished with nine children and 28 grandchildren.
Antonin Scalia began his legal career at the law offices of Jones, Day, Cockley, and Reavis in Cleveland, Ohio in 1961. He was highly regarded and would likely have made partner, but like his father, he longed to teach. In 1967, he took a professor position at the University of Virginia Law School and moved his family to Charlottesville, Virginia.
In 1972, Antonin Scalia entered public service when President Richard Nixonappointed him general counsel for the Office of Telecommunications Policy where he helped formulate regulations for the cable television industry. In the immediate aftermath of the Watergate scandal in 1974, Scalia was appointed Assistant Attorney General for the Office of Legal Council. In this role, he testified before congressional committees on behalf of the Ford administration over executive privilege. He later argued his first and only case before the U.S. Supreme Court in Alfred Dunhill of London, Inc. v. Republic of Cuba on behalf of the U.S. Government and won the case.
After a brief stint at the conservative American Enterprise Institute and a teaching post at the University of Chicago Law School, Antonin Scalia accepted an appointment from President Ronald Reagan on the Court of Appeals for the District of Columbia in 1982. There he built a conservative record and won high praise in legal circles for his powerful and witty writing, often critical of the U.S. Supreme Court he was bound to follow as a lower court judge. This drew the attention of Reagan administration officials who put him on the short list for a Supreme Court nomination. Antonin Scalia was confirmed Associate Justice of the U.S. Supreme Court in 1986.
Supreme Court Justice
As a Supreme Court Justice, Antonin Scalia was considered to be one of the more prominent legal thinkers of his generation. It was also through his blunt (some would say scathing) dissents that he earned a reputation as combative and insulting. And yet to many who knew him personally, he was unpretentious, charming, and funny. One of his closest friends on the Supreme Court was Justice Ruth Bader Ginsburg, whose political views were vastly different from his own.
Justice Scalia adhered to the judicial philosophy of originalism which holds that the Constitution should be interpreted in terms of what it meant to those who ratified it over two centuries ago. This was in direct conflict with the more commonly held view that the Constitution is a “living document,” allowing courts to take into account the views of contemporary society. In Justice Scalia’s view the Constitution was not supposed to facilitate change, but to impede change to citizens’ basic fundamental rights and responsibilities. Justice Scalia abhorred “judicial activism” and believed the place for implementing change was in the legislature, where the will of the people are represented.
Critics say that such a legal interpretation is an impediment toward progress and point to many different examples of where the Constitution’s founders held views repugnant to today’s standards such as racial and gender equality. Scalia’s opponents stress that by interpreting the Constitution in its original form, any progressive law would be declared unconstitutional because it doesn’t adhere to the original intent of the founders. For these reasons, Justice Scalia was oftentimes accused of allowing his conservative views to influence his legal judgment.
Antonin Scalia’s performance on the bench exemplified judicial restraint. However, he puzzled conservatives and pleased liberals by voting to uphold free speech, as in the Texas flag-burning case and striking down a prohibition on hate speech. He strived to limit the right to an abortion, rejecting the notion that his position was religiously motivated, stressing that the issue should be decided in the legislature. He made no apology to the accusation that his role in the case of Bush v. Gore handed the 2000 election to George W. Bush, telling critics it was the right thing to do. He also confounded many Court observers by his recusal record where he withdrew from cases whose topic would interest him, such as the Pledge of Allegiance case of Elk Grove v. Newdow, but refused to when there was a suspected conflict of interest as in the case of Cheney v. US District Court for DC, even though he had a close personal relationship with then-Vice-President Dick Cheney.
On June 25, 2015, when the Supreme Court handed down a 6 to 3 majority decision in the case of King v. Burwell, upholding a key component of the 2010 Affordable Care Act, also known as Obamacare, Scalia made headlines in voicing his dissent. Scalia called the majority decision which allowed the federal government to provide nationwide tax subsidies to help Americans buy health insurance “interpretive jiggery-pokery” in which “words no longer have meaning.” In his dissenting opinion he wrote: “We should start calling this law SCOTUScare,” referring to the acronym used to refer to the Supreme Court of the Unites States (SCOTUS) and Obamacare. He added: “The Court’s decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people’s decision to give Congress “[a]ll legislative Powers” enumerated in the Constitution.”
One day after the Supreme Court ruling on the health care law on June 26, 2015, the highest court announced a landmark 5 to 4 ruling guaranteeing a right to same-sex marriage. Justice Scalia voted against the majority decision along with fellow conservatives Chief Justice John Roberts, Justices Clarence Thomas and Samuel Alito. Scalia expressed his opinion that it was not the Supreme Court’s role to decide same-sex marriage, and he wrote that the ruling was “at odds not only with the Constitution, but with the principles upon which our nation were built.”
Over the course of his judicial career, Justice Antonin Scalia was characterized as the anchor of the court’s conservative majority. In his quarter century on the court he became a political celebrity, especially with socially and politically conservative groups.
On February 13, 2016, 79-year-old Scalia was found dead at a luxury resort in West Texas. He reportedly died of natural causes.