75
edits
Changes
Jump to navigation
Jump to search
Line 2:
Line 2: + + + +
no edit summary
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 Democrats in the U.S. 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 (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 Democrats in the U.S. Senate focused all their opposition on the Rehnquist nomination. Scalia was confirmed by unanimous vote, while Rehnquist was confirmed over substantial opposition.
== Textualism ==
Justice Scalia embraces a judicial philosophy of "textualism" or "original meaning" in interpreting the U.S. Constitution and federal statutes. He opposes speculation about the "intent" of the drafters or supporters of language that the Court must interpret. 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 embraces a judicial philosophy of "textualism" or "original meaning" in interpreting the U.S. Constitution and federal statutes. He opposes speculation about the "intent" of the drafters or supporters of language that the Court must interpret. 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>.
Many of Scalia's opinions display an attention to the need for the Court to be of predictive value 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 ==
Justice Scalia is easily the most outspoken member of the Court, and has been for two decades. He once quipped to the media, "Ah yes, esteemed jurist by day, man about town by night."<ref>http://www.oyez.org/justices/antonin_scalia/</ref> Sometimes Scalia's public commentary causes problems for himself, as when ''pro se'' litigant Dr. Michael Newdow successfully filed a motion forcing Justice Scalia's recusal of himself from Newdow's challenge to the Pledge of Allegiance.<ref>supreme.lp.findlaw.com/supreme_court/briefs/02-1624/03-7.recuse.pdf </ref>
Justice Scalia is easily the most outspoken member of the Court, and has been for two decades. He once quipped to the media, "Ah yes, esteemed jurist by day, man about town by night."<ref>http://www.oyez.org/justices/antonin_scalia/</ref> Sometimes Scalia's public commentary causes problems for himself, as when ''pro se'' litigant Dr. Michael Newdow successfully filed a motion forcing Justice Scalia's recusal of himself from Newdow's challenge to the Pledge of Allegiance.<ref>supreme.lp.findlaw.com/supreme_court/briefs/02-1624/03-7.recuse.pdf </ref>