Scalia: A Reflection
This February, Supreme Court Justice Antonin Scalia passed away. Scalia served on the Court for almost thirty years, appointed in 1986 by Ronald Reagan. He was the longest serving Justice on the current court as of 2010 when Justice John Paul Stevens retired. Scalia was an incredibly influential Justice, known for his fiery dissents that upheld his revolutionary belief in ‘originalism,’ the theory of constitutional interpretation that seeks to apply the understanding of those who drafted and ratified the Constitution’s ideals, interpreting the Constitution within the context and with the understanding of how the founding fathers wrote it.
Because of Scalia’s drastic opinions, he often wrote solo dissents for the court, using extremely strong language that sometimes belittled the majority opinion of the court, calling some opinions such things as “incoherent,” “irrational,” and “not to be believed.” Many called Scalia a “court of one,” however his ideals have shaped not only thought and opinion within the political system and general public, but the discourse of the current Supreme Court. The basis of many of his opinions became the large point in debate not only for SCOTUS, but for lower courts as well as for law practitioners today. His love for debate and political sparring helped to transform what once was an unenthused court into one with justices and lawyers who are so engaged with one another, they often times talk over and cut one another off.
Scalia’s untimely passing has brought up major controversy surrounding the naming of his predecessor. Conservatives in the Senate believe it is the right of the next president to appoint the new Justice, on the grounds that Obama’s presidency is coming to a slow end, and his election represents the view of the American people three years ago. In the words of majority leader of the Senate, Mitch McConnell, “The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president” This claim is horrendously invalid, and a complete disregard for the reason one is elected to the federal government, to defend and protect the Constitution of the United States. President Obama has not only a right but an obligation to appoint a new justice to the court, and the Senate has an obligation to give the nominee a fair hearing.
All of the press over the race to understand the future of the court has muddled the mourning of the loss of one of the most influential and important justices the court has ever seen. And yes of course the fate of the supreme court it in the hands of the President, but news outlets could not give more than a sentence of two on the loss of the justice before diving into the much covered battle over the ninth seat. Speculation over the nomination serves a purpose far less important than celebrating, at least for a while, the life and work of Antonin Scalia.
Scalia was an incredible and controversial justice, one who inspired a new wave of Constitutional interpretation, not just on the court, but in the profession of constitutional law. Righting off his continued belief in the system of originalism as an exclusively and extreme way to vote further to the right while on the court completely rejects to acknowledge this influence. The tributes and messages put forth by the men and women who worked with Scalia showed how missed his quick-wit and forthright will be. Ruth Bader Ginsburg, a soft spoken far left justice on the court who’s views were polar opposite from Scalia called him her ‘best-bud.’ Commenting on one of Scalia’s dissents, Ginsburg said “We disagreed now and then, but when I wrote for the Court and received a Scalia dissent, the opinion ultimately released was notably better than my initial circulation. Justice Scalia nailed all the weak spots – the ‘applesauce’ and ‘argle bargle’ – and gave me just what I needed to strengthen the majority opinion.” Scalia brought out the best in the people he worked with, regardless of policy or party.
With the complete recognition of the nostalgia in my tone, the nostalgia of a time that I have only partly lived through, but never lived without, the loss of Justice Scalia has marked the end of an era of conservative renaissance, as well as the loss of the a man who inspired with his own fervency an explosive and impassioned court. I urge you all to read one of Scalia’s dissents; they’re incredible and outlandish and extremely telling of a man who stuck to his guns, and was admirably passionate about his work, a passion which he inspired in everyone in his profession.