Civil and Human Rights

Pen in hand, Scalia leaves his mark

 

Antonin Scalia is a feisty justice who has cut a wide swath through the law but rarely has written the biggest Supreme Court decisions. His no-compromise style often leads him to lose the votes of colleagues needed to keep a majority in contentious cases.

Yet Thursday he authored one of the most significant rulings ever in a case that was tailor-made for his personal quest: trying to discern the original intention of the men who drafted the Constitution.

Thomas Goldstein, a lawyer who is a regular advocate before the justices, says, “This case really is his legacy. Not only is the issue fantastically important, but the way the case was decided — on the basis of history and the original understanding — is his great contribution to the law. That he could keep five votes with so many issues in play shows how far he has moved the law.”

Scalia’s prominent role in the dispute over a Washington, D.C., gun ban occurs as he is fashioning a higher profile through interviews, including on 60 Minutes, for his new book about effective legal arguments.

“I have decided to try to do more writing, apart from just writing court opinions,” he told USA TODAY. “And I have decided to be less stingy with my public appearances, not just for (promoting) the book but generally to get the message out, about the interpretive principles that I believe very strongly in.”
Scalia never lacks for attention. He has an “outsized influence,” Washington lawyer Douglas Kendall remarked this month, as he launched a group, the Constitutional Accountability Center, to counter conservatives who have shaped the terms of constitutional debate.

Scalia has been the most vocal justice in arguing that judges should not impose their views of what’s best for society in cases. He narrowly construes individual rights. He dissented this term when the majority allowed workers to sue when they face retaliation after filing claims of race or age bias. He also delivered a fierce dissent from the bench this month when the court gave Guantanamo detainees a constitutional right to challenge their imprisonment.

Scalia, 72, has been on the court for nearly 22 years and hopes to serve much longer. As he recently accepted an award at Georgetown law school, he joked that it was his second “lifetime achievement” honor this year, and he wondered whether he should feel as if he were on his way out. “It’s usually given to an over-the-hill Hollywood actor,” he explained in an interview later. “You know, he stumbles up to the stage for a lifetime achievement award. I hope I haven’t reached that stage yet.”

He received a wooden duck, a fun reminder of the 2004 controversy over his duck hunting with Vice President Cheney when a case that involved Cheney was at the court.

Scalia joked that if he and Cheney hadn’t been hunting ducks, he might not have come in for such derision.

Said Scalia: “Nothing is as funny as a duck.”

 

More from Civil and Human Rights

Civil and Human Rights
U.S. Supreme Court

Stanley v. City of Sanford

In Stanley v. City of Sanford, the Supreme Court is considering whether the Americans with Disabilities Act protects against disability discrimination with respect to retirement benefits distributed after employment. 
Civil and Human Rights
U.S. Supreme Court

United States v. Skrmetti

In United States v. Skrmetti, the Supreme Court is considering whether Tennessee’s ban on providing gender-affirming medical care to transgender adolescents violates the Equal Protection Clause of the Fourteenth Amendment.
Civil and Human Rights
July 31, 2024

Supreme Court Allows Cities to Punish Homelessness

The Regulatory Review
At the end of its 2023-24 term, the U.S. Supreme Court issued several divided decisions...
By: Brian R. Frazelle
Civil and Human Rights
June 28, 2024

RELEASE: Ignoring constitutional history and original meaning, conservative majority allows city governments to punish people for sleeping in public even if they have nowhere else to go

WASHINGTON, DC – Following today’s decision at the Supreme Court in City of Grants Pass...
By: Brian R. Frazelle
Civil and Human Rights
June 20, 2024

RELEASE: Supreme Court decision keeps the door open to accountability for police officers who make false charges

WASHINGTON, DC – Following this morning’s decision at the Supreme Court in Chiaverini v. City...
By: Brian R. Frazelle
Civil and Human Rights
June 11, 2024

The People Who Dismantled Affirmative Action Have a New Strategy to Crush Racial Justice

Slate
Last summer, in Students for Fair Admissions v. Harvard College, the Supreme Court’s conservative supermajority struck...
By: David H. Gans