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→‎Textualism: Justice Scalia is not a strict constructionist
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Justice Scalia is considered the most outspoken member of the Court; 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 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>
 
Justice Scalia is considered the most outspoken member of the Court; 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 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>
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== Textualism ==
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== 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 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>
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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).
    
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.
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