www.washingtonpost.com
Supreme Court Justice Antonin Scalia, the intellectual cornerstone of the court’s modern conservative wing, whose elegant and acidic opinions inspired a movement of legal thinkers and ignited liberal critics, died Feb. 13 on a ranch near Marfa, Tex. He was 79.
The cause of death was not immediately known.
In a statement Saturday, Chief Justice John G. Roberts said: “On behalf of the Court and retired Justices, I am saddened to report that our colleague Justice Antonin Scalia has passed away. He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served. We extend our deepest condolences to his wife Maureen and his family.”
In the first official notice of Justice Scalia’s death, Texas Gov. Greg Abbott said: “Justice Antonin Scalia was a man of God, a patriot, and an unwavering defender of the written Constitution and the Rule of Law. His fierce loyalty to the Constitution set an unmatched example, not just for judges and lawyers, but for all Americans. We mourn his passing, and we pray that his successor on the Supreme Court will take his place as a champion for the written Constitution and the Rule of Law.”
Justice Scalia, the first Italian American to serve on the court, was nominated by President Ronald Reagan in 1986 and quickly became the kind of champion to the conservative legal world that his benefactor was in the political realm.
An outspoken opponent of abortion, affirmative action and what he termed the “so-called homosexual agenda,” Justice Scalia’s intellectual rigor, flamboyant style and eagerness to debate his detractors energized conservative law students, professors and intellectuals who felt outnumbered by liberals in their chosen professions.
“He has by the force and clarity of his opinions become a defining figure in American constitutional law,” Northwestern University law professor Steven Calabresi said at a Federalist Society dinner honoring Justice Scalia at the 20-year mark of his service on the Supreme Court. He took his seat Sept. 26, 1986.
Justice Scalia was the most prominent advocate of a manner of constitutional interpretation called “originalism,” the idea that judges should look to the meaning of the words of the Constitution at the time they were written.
He mocked the notion of a “living” Constitution, one that evolved with changing times, as simply an excuse for judges to impose their own ideological views.
Critics countered that the same could be said for originalism — and that the legal conclusions Justice Scalia said were dictated by that approach meshed neatly with the justice’s views on the death penalty, gay rights and abortion.
It is hard to overstate Justice Scalia’s impact on the modern court. Upon his arrival, staid oral arguments before the justices became jousting matches, with Justice Scalia aggressively questioning counsel with whom he disagreed, challenging his colleagues and often dominating the sessions.
He asked so many questions in his first sitting as a justice that Justice Lewis F. Powell whispered to Justice Thurgood Marshall: “Do you think he knows the rest of us are here?”
Justice Scalia was just as ready for combat outside the court. He relished debating his critics at law schools and in public appearances, although he sometimes displayed a thin skin.
He tired of questions about his prominent role in the court’s 2000 decision in which halted a recount of the presidential vote in Florida and effectively decided the presidency for Republican George W. Bush. His response to those who raised questions years later: “Get over it.”
Despite his impact on the legal world, Justice Scalia’s views were too far to the right for him to play the pivotal roles on the court that his fellow Reagan nominees — Sandra Day O’Connor and Anthony M. Kennedy — eventually assumed.
Justice Scalia was far better known for fiery dissents than landmark majority opinions. One exception was the court’s groundbreaking 2008 decision in.
An avid hunter and a member of his high school rifle team, Justice Scalia wrote the court’s 5-to-4 ruling that held for the first time that the Second Amendment afforded a right to gun ownership unrelated to military service.
“His views on textualism and originalism, his views on the role of judges in our society, on the practice of judging, have really transformed the terms of legal debate in this country,” Elena Kagan said about Justice Scalia when she was dean of Harvard Law School, alma mater to both. “He is the justice who has had the most important impact over the years on how we think and talk about law.”
After Kagan was nominated to the court by President Barack Obama, she and Justice Scalia became friends and hunting buddies — despite their distinct ideological differences and the fact that Kagan had never shot a gun. They went to Wyoming together in 2012 in hopes of Kagan bagging a big-game trophy like the elk, nicknamed Leroy, whose mounted head dominated Justice Scalia’s Supreme Court chambers.
But she shot only a white-tailed deer, which Justice Scalia later laughingly said “she could have done in my driveway” at his suburban Virginia home.
‘You’re not everybody else’
Antonin Gregory Scalia — “Nino” to family, friends and colleagues — was born in Trenton, N.J., on March 11, 1936, and grew up in the New York City borough of Queens. His father, Salvatore, came through Ellis Island at 17; he learned English and became a professor of romance languages at Brooklyn College.
Justice Scalia’s mother, the former Catherine Panaro, was a second-generation Italian American and an elementary school teacher. Not only was Nino their only child, he was the only child of his generation on either side of the family.
The whole extended clan doted on him, biographer Joan Biskupic reported in her biography “American Original,” and expected achievement. “You’re not everybody else,” Catherine would say, according to Biskupic. “Your family has standards, and it doesn’t matter what the standards of [others] are.”
In 1953, he graduated first in his class at St. Francis Xavier, a military prep school in Manhattan, and won a naval ROTC scholarship but was turned down by his first choice of college, Princeton.
A devout Catholic, he attended his second choice, Georgetown University, where he was the valedictorian of the class of 1957. In his graduation speech, he exhorted his fellow students: “If we will not be leaders of a real, a true, a Catholic intellectual life, no one will!”
Justice Scalia then entered Harvard Law School, where he was editor of the law review and graduated magna cum laude in 1960. That same year, he married Maureen McCarthy, a Radcliffe student he’d met on a blind date.
She, too, came from a small family, but they made up for it, with five sons and four daughters and literally dozens of grandchildren.
“We didn’t set out to have nine children,” Justice Scalia told Lesley Stahl on the CBS show “60 Minutes.” “We’re just old-fashioned Catholics, playing what used to be known as ‘Vatican Roulette.’ ”
He added that the other four sons were relieved when their brother Paul decided to “take one for the team” and become a priest.
The Scalias moved around. After traveling across Europe for a year while he was a Harvard Sheldon Fellow, the newlyweds moved to Cleveland, where Justice Scalia joined the Jones Day firm in 1961.
On the cusp of becoming partner, he left private practice in 1967 to become a law professor at the University of Virginia in Charlottesville.
In 1971, he became general counsel to the new Office of Telecommunications Policy in the Nixon administration; the agency spurred development of the nascent cable industry. From 1972 to 1974, he was chairman of the Administrative Conference of the United States, followed by three years as assistant attorney general for the Office of Legal Counsel.
After Jimmy Carter, a Democrat, won election to the White House, Justice Scalia returned to academia as a professor at the University of Chicago law school.
Then Reagan came into office in 1981 and the next year nominated Justice Scalia to the influential U.S. Court of Appeals for the District of Columbia Circuit. His name quickly appeared on short lists of potential Supreme Court nominees.
Reagan in 1981 made good on a campaign promise to appoint the court’s first woman with his choice of O’Connor, then an Arizona state judge and former legislator. His next chance to leave an imprint came five years later, when Chief Justice Warren Burger announced that he was stepping down.
The president decided to elevate Justice William H. Rehnquist to the chief’s job, and Justice Scalia and fellow D.C. Circuit Judge Robert H. Bork became the finalists for the opening. Bork was the more experienced jurist and a conservative icon, but the 50-year-old Scalia was almost a decade younger and brought the added political benefit of being Italian American.
Justice Scalia got the nomination. After a testy Senate battle over Rehnquist’s elevation, Justice Scalia sailed through his confirmation hearings and was approved 98 to 0.
Future vice president Joseph R. Biden, then a Democratic senator from Delaware and a stalwart of the Judiciary Committee, later said that his vote for Justice Scalia was the one he most regretted — “because he was so effective.”
Textualism and originalism
Justice Scalia set out immediately to make his views known — and became exactly the justice conservatives had hoped for.
He had been an influential early supporter of the Federalist Society, a group that political scientist Steven Teles called “the most vigorous, durable and well-ordered organization to emerge from [the] rethinking of modern conservatism’s political strategy.”
Reliance on legislative history as a key element of interpreting statutes was once commonplace. But Justice Scalia railed against the practice, saying that only the words of the statutes matter — a view known as textualism. He likened judges’ use of secondary sources such as committee reports or statements made by members of Congress during floor debates to “looking over the faces of the crowd at a large cocktail party and picking out your friends.”
Even though most justices continued to think legislative history was valuable in interpreting statutes, lawyers arguing before the court learned that they
