Changes

}}

}}

}}

}}

'''Antonin "Nino" Scalia''' (b. 1936) joined the U.S. [[Supreme Court]] as an Associate Justice in 1986, and quickly became its most outspoken [[conservative]] jurist. He filled a vacancy created by the retirement of Chief Justice [[Warren Burger]] and nomination of Associate Justice [[William Rehnquist]] to become Chief Justice. President [[Ronald Reagan]] nominated Scalia at the same time that he nominated Rehnquist for Chief Justice, and most opposition in the [[United States Senate|Senate]] focused all their opposition on the Rehnquist nomination. Scalia was confirmed by unanimous vote, while Rehnquist was confirmed over substantial opposition.

'''Antonin "Nino" Scalia''' (March 11, 1936 – February 13, 2016) joined the U.S. [[Supreme Court]] as an Associate Justice in 1986, and quickly became its most outspoken [[conservative]] jurist. He filled a vacancy created by the retirement of Chief Justice [[Warren Burger]] and nomination of Associate Justice [[William Rehnquist]] to become Chief Justice. President [[Ronald Reagan]] nominated Scalia at the same time that he nominated Rehnquist for Chief Justice, and most opposition in the [[United States Senate|Senate]] focused all their opposition on the Rehnquist nomination. Scalia was confirmed by unanimous vote, while Rehnquist was confirmed over substantial opposition.

Justice Scalia is more outspoken off the court than on it, where he is typically silent in the denial of conservative petitions for certiorari,<ref>Justice Scalia has written dissents from denials of cert only about three times in the past decade, a rate of less than 1 in 20,000 cert denials.</ref> and he often joins liberal colleagues in opinions.  Scalia's off-the-court commentary has caused problems for himself, as when ''pro se'' litigant Dr. Michael Newdow successfully filed a motion that led to Justice Scalia recusing himself from Newdow's challenge to the Pledge of Allegiance to avoid the appearance of a conflict of interest.<ref>supreme.lp.findlaw.com/supreme_court/briefs/02-1624/03-7.recuse.pdf</ref>  Scalia once quipped about himself to the media, "Ah yes, esteemed jurist by day, man about town by night."<ref>http://www.oyez.org/justices/antonin_scalia/</ref>

Justice Scalia was more outspoken off the court than on it, where he is typically silent in the denial of conservative petitions for certiorari,<ref>Justice Scalia has written dissents from denials of cert only about three times in the past decade, a rate of less than 1 in 20,000 cert denials.</ref> and he often joins liberal colleagues in opinions.  Scalia's off-the-court commentary has caused problems for himself, as when ''pro se'' litigant Dr. Michael Newdow successfully filed a motion that led to Justice Scalia recusing himself from Newdow's challenge to the Pledge of Allegiance to avoid the appearance of a conflict of interest.<ref>supreme.lp.findlaw.com/supreme_court/briefs/02-1624/03-7.recuse.pdf</ref>  Scalia once quipped about himself to the media, "Ah yes, esteemed jurist by day, man about town by night."<ref>http://www.oyez.org/justices/antonin_scalia/</ref>

Justice Scalia was the author, with the support of three liberal Justices, of the 5-4 decision declaring the sale of extremely violent [[video games]] to children to be a right of free speech under the [[First Amendment]], which no law can limit.  He is more likely than Justices Alito or Thomas to join [[liberal]] Justices in a non-[[conservative]] ruling, and vice-versa.  In one of the biggest cases of the 2013-2014 Term, ''Harris v. Quinn'', Justice Scalia's hostile questioning of the conservative side at oral argument implied that he was the least willing among conservatives to support a decision to end mandatory membership dues for public sector unions, which would have reduced liberal political power enormously.  Scalia also agrees with liberals in arguing that the Constitution is somehow too difficult to amend.

Justice Scalia was the author, with the support of three liberal Justices, of the 5-4 decision declaring the sale of extremely violent [[video games]] to children to be a right of free speech under the [[First Amendment]], which no law can limit.  He is more likely than Justices Alito or Thomas to join [[liberal]] Justices in a non-[[conservative]] ruling, and vice-versa.  In one of the biggest cases of the 2013-2014 Term, ''Harris v. Quinn'', Justice Scalia's hostile questioning of the conservative side at oral argument implied that he was the least willing among conservatives to support a decision to end mandatory membership dues for public sector unions, which would have reduced liberal political power enormously.  Scalia also agrees with liberals in arguing that the Constitution is somehow too difficult to amend.

== Legal Philosophy==

== Legal Philosophy==

Justice Scalia embraces a judicial philosophy of "[[textualism]]" or "original meaning" in interpreting the [[United States Constitution|U.S. Constitution]] and federal [[statute]]s. He opposes speculation about the intent of the drafters and the view that the Court must interpret the language figuratively. In speeches and legal writings, Justice Scalia emphasizes the "Rule of Law."<ref>Scalia, "The Rule of Law as a Law of Rules," 56 U. Chi. L. Rev. 1175</ref>

Justice Scalia embraced a judicial philosophy of "[[textualism]]" or "original meaning" in interpreting the [[United States Constitution|U.S. Constitution]] and federal [[statute]]s. He opposed speculation about the intent of the drafters and the view that the Court must interpret the language figuratively. In speeches and legal writings, Justice Scalia emphasized the "Rule of Law."<ref>Scalia, "The Rule of Law as a Law of Rules," 56 U. Chi. L. Rev. 1175</ref>

Some mistake Justice Scalia's philosophy as "strict constructionism."  But Justice Scalia is '''''not''''' a [[strict constructionist]] as, for example, [[Thomas Jefferson]] was.  A strict constructionist applies constitutional provisions narrowly, but Justice Scalia has criticized that approach.  Instead, Justice Scalia applies several provisions of the Constitution very broadly, such as the [[First Amendment]] (to protect flag-burning) and the [[Sixth Amendment]] (to protect a right to cross-examine even a lab technician if he performed [[DNA]] analysis).

Some mistake Justice Scalia's philosophy as "strict constructionism."  But Justice Scalia was '''''not''''' a [[strict constructionist]] as, for example, [[Thomas Jefferson]] was.  A strict constructionist applies constitutional provisions narrowly, but Justice Scalia has criticized that approach.  Instead, Justice Scalia applies several provisions of the Constitution very broadly, such as the [[First Amendment]] (to protect flag-burning) and the [[Sixth Amendment]] (to protect a right to cross-examine even a lab technician if he performed [[DNA]] analysis).

Many of Scalia's opinions reflect a view that the Court needs to be predictable to lawmakers. His administrative opinions express a commitment to a transparent judiciary over excessive formalism, and a strong wish to "clear the brush" out of confusing doctrines. His dissents in jurisprudence such as [[Roe v. Wade]] and its progeny often point out logical inconsistencies and doctrinal missteps taken by other members of the Court to reach their desired end.

Many of Scalia's opinions reflect a view that the Court needs to be predictable to lawmakers. His administrative opinions express a commitment to a transparent judiciary over excessive formalism, and a strong wish to "clear the brush" out of confusing doctrines. His dissents in jurisprudence such as [[Roe v. Wade]] and its progeny often point out logical inconsistencies and doctrinal missteps taken by other members of the Court to reach their desired end.

== Opinions ==

== Opinions ==

Justice Scalia is best known for his dissents, in which his colorful and forceful style highlights weaknesses in his colleagues' decisions. He staunchly opposes the notion of an "evolving" Constitution, which other justices have used to justify decisions not grounded in the text of the Constitution (see [[Responsive interpretation]] for discussion of different legal theories). For example, when the Court held that the Constitution prohibits imposing the death penalty for any crime committed by someone under 18 years of age, Scalia was scathing in dissent:<ref>''Roper v. Simmons'', 543 U.S. 551, 607-08 (2005) (Scalia, J., dissenting) (citations omitted. emphasis added)</ref>

Justice Scalia was best known for his dissents, in which his colorful and forceful style highlights weaknesses in his colleagues' decisions. He staunchly opposed the notion of an "evolving" Constitution, which other justices have used to justify decisions not grounded in the text of the Constitution (see [[Responsive interpretation]] for discussion of different legal theories). For example, when the Court held that the Constitution prohibits imposing the death penalty for any crime committed by someone under 18 years of age, Scalia was scathing in dissent:<ref>''Roper v. Simmons'', 543 U.S. 551, 607-08 (2005) (Scalia, J., dissenting) (citations omitted. emphasis added)</ref>

:In urging approval of a constitution that gave life-tenured judges the power to nullify laws enacted by the people's representatives, Alexander Hamilton assured the citizens of New York that there was little risk in this, since "[t]he judiciary . . . ha[s] neither FORCE nor WILL but merely judgment." The Federalist No. 78, p 465 (C. Rossiter ed. 1961). But Hamilton had in mind a traditional judiciary, "bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them." '''Bound down, indeed. What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion that the meaning of our Constitution has changed over the past 15 years--not, mind you, that this Court's decision 15 years ago was wrong, but that the Constitution has changed.''' The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to "the evolving standards of decency," of our national society.

:In urging approval of a constitution that gave life-tenured judges the power to nullify laws enacted by the people's representatives, Alexander Hamilton assured the citizens of New York that there was little risk in this, since "[t]he judiciary . . . ha[s] neither FORCE nor WILL but merely judgment." The Federalist No. 78, p 465 (C. Rossiter ed. 1961). But Hamilton had in mind a traditional judiciary, "bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them." '''Bound down, indeed. What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion that the meaning of our Constitution has changed over the past 15 years--not, mind you, that this Court's decision 15 years ago was wrong, but that the Constitution has changed.''' The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to "the evolving standards of decency," of our national society.

In another case, Justice Scalia wrote a forceful limitation on [[stare decisis]] in a concurrence and dissent in ''[[FEC v. Wisconsin Right to Life, Inc.]], 127 S. Ct. 2652, 2674 (2007), and persuaded Justices [[Anthony Kennedy]] and [[Clarence Thomas]] to join it.<ref>See [[stare decisis]] for the quotation.</ref>  In it Justice Scalia chastised Chief Justice [[John Roberts]] for not overruling precedent.

In another case, Justice Scalia wrote a forceful limitation on [[stare decisis]] in a concurrence and dissent in ''[[FEC v. Wisconsin Right to Life, Inc.]], 127 S. Ct. 2652, 2674 (2007), and persuaded Justices [[Anthony Kennedy]] and [[Clarence Thomas]] to join it.<ref>See [[stare decisis]] for the quotation.</ref>  In it Justice Scalia chastised Chief Justice [[John Roberts]] for not overruling precedent.

Justice Scalia has been less successful in forging majorities of his own on the Court, and has rarely written an important majority opinion for the Court. This may have been be due to the tendency for Chief Justice Rehnquist to assign key decisions to himself to draft.<ref>''See, e.g.'', key 5-4 opinions written by Chief Justice Rehnquist in ''United States v. Morrison'', 529 U.S. 598 (2000) (invaliding federal law over domestic violence based on federalism); ''Boy Scouts of Am. v. Dale'', 530 U.S. 640 (2000) (holding that the Boy Scouts have a constitutional right not to allow openly homosexual scout leaders).</ref>  Chief Justice [[John Roberts]], who replaced Rehnquist, also seems to be keeping the key decisions for himself to write.<ref>''Rumsfeld v. Forum for Academic and Institutional Rights, Inc.'', 547 U.S. 47 (2006)</ref>

Justice Scalia had been less successful in forging majorities of his own on the Court, and has rarely written an important majority opinion for the Court. This may have been be due to the tendency for Chief Justice Rehnquist to assign key decisions to himself to draft.<ref>''See, e.g.'', key 5-4 opinions written by Chief Justice Rehnquist in ''United States v. Morrison'', 529 U.S. 598 (2000) (invaliding federal law over domestic violence based on federalism); ''Boy Scouts of Am. v. Dale'', 530 U.S. 640 (2000) (holding that the Boy Scouts have a constitutional right not to allow openly homosexual scout leaders).</ref>  Chief Justice [[John Roberts]], who replaced Rehnquist, also seems to be keeping the key decisions for himself to write.<ref>''Rumsfeld v. Forum for Academic and Institutional Rights, Inc.'', 547 U.S. 47 (2006)</ref>

However, Justice Scalia did obtain broad support for a remarkable decision in ''[[Lucas v. South Carolina Coastal Council]]'', 505 U.S. 1003 (1992), in which he applied the [[Takings Clause]] and required compensation of a property owner based merely on a regulatory taking rather than an actual physical intrusion by the government. Justice Scalia also wrote an important 5-4 opinion for the Court in ''[[Alexander v. Sandoval]]'', 532 U.S. 275 (2000), that denied a right if private individuals to sue to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964. Justice Scalia also wrote an impressive 7-2 opinion for the Court in affirming strong associational rights of political parties in preventing blanket primaries or crossover voting in primaries, in ''[[California Democratic Party v. Jones]]'', 530 U.S. 567 (2000).

However, Justice Scalia did obtain broad support for a remarkable decision in ''[[Lucas v. South Carolina Coastal Council]]'', 505 U.S. 1003 (1992), in which he applied the [[Takings Clause]] and required compensation of a property owner based merely on a regulatory taking rather than an actual physical intrusion by the government. Justice Scalia also wrote an important 5-4 opinion for the Court in ''[[Alexander v. Sandoval]]'', 532 U.S. 275 (2000), that denied a right if private individuals to sue to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964. Justice Scalia also wrote an impressive 7-2 opinion for the Court in affirming strong associational rights of political parties in preventing blanket primaries or crossover voting in primaries, in ''[[California Democratic Party v. Jones]]'', 530 U.S. 567 (2000).

== Opposition to Balancing Tests ==

== Opposition to Balancing Tests ==

Justice Scalia is against judicial use of balancing tests. "It is more like judging whether a particular line is longer than a particular rock is heavy," he remarked in one of his early dissents.<ref>''Bendix Autolite Corp. v. Midwesco Enterprises, Inc.'', 486 U.S. 888, 897 (1988).</ref>

Justice Scalia was against judicial use of balancing tests. "It is more like judging whether a particular line is longer than a particular rock is heavy," he remarked in one of his early dissents.<ref>''Bendix Autolite Corp. v. Midwesco Enterprises, Inc.'', 486 U.S. 888, 897 (1988).</ref>

In criminal matters, Justice Scalia's opposition to balancing tests and preference for bright-line rules has influenced the Court on these issues:

In criminal matters, Justice Scalia's opposition to balancing tests and preference for bright-line rules has influenced the Court on these issues:

== [[Separation of Powers]] ==

== [[Separation of Powers]] ==

Justice Scalia emphasizes a strict [[separation of powers]] among the branches of government, and even teaches a seminar on this topic. In contrast, Justice [[Anthony Kennedy]] advocates more interplay between the branches of government.

Justice Scalia emphasized a strict [[separation of powers]] among the branches of government, and even teaches a seminar on this topic. In contrast, Justice [[Anthony Kennedy]] advocates more interplay between the branches of government.

== Non-Conservative Positions ==

== Non-Conservative Positions ==

Sometimes Justice Scalia has occasionally disappointed [[conservatives]] in ruling contrary to expectations, typically in low-profile cases. In an issue presented to the [[U.S. Supreme Court]] about whether a Michigan limitation on direct shipment of wine into the state from other states was a violation of the [[dormant Commerce Clause]], Justice Scalia's emphatic opposition to the [[dormant Commerce Clause]] would presumably lead him to uphold the Michigan law. ''[[Granholm v. Heald]]''. Instead, he broke with Justices  [[Clarence Thomas]] and [[William Rehnquist]] and provided the 5th vote for a majority opinion written by Justice [[Anthony Kennedy]] invalidating the law on a slightly different rationale. Justice Scalia has also been hostile to [[conservative]] attorneys who have appeared before him, as in the cases of ''Owasso Indep. Sch. Dist. v. Falvo'' and ''Office of Independent Counsel v. Favish''.

Sometimes Justice Scalia has occasionally disappointed [[conservatives]] in ruling contrary to expectations, typically in low-profile cases. In an issue presented to the [[U.S. Supreme Court]] about whether a Michigan limitation on direct shipment of wine into the state from other states was a violation of the [[dormant Commerce Clause]], Justice Scalia's emphatic opposition to the [[dormant Commerce Clause]] would presumably lead him to uphold the Michigan law. ''[[Granholm v. Heald]]''. Instead, he broke with Justices  [[Clarence Thomas]] and [[William Rehnquist]] and provided the 5th vote for a majority opinion written by Justice [[Anthony Kennedy]] invalidating the law on a slightly different rationale. Justice Scalia has also been hostile to [[conservative]] attorneys who have appeared before him, as in the cases of ''Owasso Indep. Sch. Dist. v. Falvo'' and ''Office of Independent Counsel v. Favish''.

Sometimes Justice Scalia fails to join an opinion as expected, as when he failed to join Justice Thomas's dissent emphasizing statutory textualism in dissenting from Justice [[Stephen Breyer]]'s majority decision in ''[[Credit Suisse Sec. (USA) LLC v. Billing]]''.

Sometimes Justice Scalia failed to join an opinion as expected, as when he failed to join Justice Thomas's dissent emphasizing statutory textualism in dissenting from Justice [[Stephen Breyer]]'s majority decision in ''[[Credit Suisse Sec. (USA) LLC v. Billing]]''.

Justice Scalia can be harshest on his allies, with questionable effect. In opinions he was highly critical of Justice [[Sandra Day O'Connor]] and [[Anthony Kennedy]], and more recently Justice Scalia has been critical of Chief Justice [[John Roberts]] for not expressly overruling an incorrect precedent.  

Justice Scalia can be harshest on his allies, with questionable effect. In opinions he was highly critical of Justice [[Sandra Day O'Connor]] and [[Anthony Kennedy]], and more recently Justice Scalia has been critical of Chief Justice [[John Roberts]] for not expressly overruling an incorrect precedent.  

Justice Scalia often cites his work in his opinions. For example, in Justice Scalia's dissent in the [[Establishment Clause]] case of ''McCreary County v. ACLU'', 545 U.S. 844 (2005), Justice Scalia cited six of his prior concurrences and dissents, and one of his own law review articles.

Justice Scalia often cited his work in his opinions. For example, in Justice Scalia's dissent in the [[Establishment Clause]] case of ''McCreary County v. ACLU'', 545 U.S. 844 (2005), Justice Scalia cited six of his prior concurrences and dissents, and one of his own law review articles.

== Former Clerks ==

== Former Clerks ==