Citizendia

Antonin Gregory Scalia
Antonin Scalia
Incumbent
Assumed office 
September 26, 1986
Nominated by Ronald Reagan
Preceded by William H. Rehnquist
Born March 11, 1936 (1936-03-11) (age 72)
Trenton, New Jersey
Spouse Maureen McCarthy Scalia
Alma mater Georgetown University
Harvard Law School
Religion Roman Catholic

Antonin Gregory Scalia (help·info) (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States Events 46 BC - Julius Caesar dedicates a Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice Events 1425 BC - Thutmose III, Pharaoh of Egypt, dies (according to the Low Chronology of the 18th Dynasty Year 1936 ( MCMXXXVI) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian calendar. Trenton is the Capital of the US state of New Jersey and the County seat of Mercer County. New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. Alma mater is Latin for "nourishing mother" It was used in Ancient Rome as a title for the mother Goddess, and in Medieval Georgetown University is a Jesuit Private university located in Georgetown Washington D Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. Events 1425 BC - Thutmose III, Pharaoh of Egypt, dies (according to the Low Chronology of the 18th Dynasty Year 1936 ( MCMXXXVI) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian calendar. The United States of America —commonly referred to as the JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Appointed by Republican President Ronald Reagan, he is considered to be a core member of the conservative wing of the court.

Justice Scalia is a vigorous proponent of textualism in statutory interpretation and originalism in constitutional interpretation, and a passionate critic of the idea of a Living Constitution. Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries Statutory interpretation is the process of interpreting and applying Legislation. Judicial interpretation is a theory or mode of thought that explains how the Judiciary should interpret the Law, particularly Constitutional documents The Living Constitution is a concept in Constitutional interpretation which suggests that the Constitution should be seen as continually evolving with the society He does, however, sometimes have a more favorable view of national power and a strong executive than his more ardent states' rights conservative colleague, Clarence Thomas. States' rights refers to the idea in US politics and constitutional law, that U Clarence Thomas (born June 23, 1948) is an American Jurist. He has been serving as an Associate Justice of the Supreme Court of the United

Contents

Early life

Antonin Scalia was born in Trenton, New Jersey. Trenton is the Capital of the US state of New Jersey and the County seat of Mercer County. His mother, Kathy Panaro,was born in the United States; his father, S. The United States of America —commonly referred to as the Eugene, a professor of romance languages, was born in Sicily. Sicily ( Italian and Sicilian: Sicilia) is an autonomous region of Italy. When Scalia was five years old, his family moved to the Elmhurst section of Queens, New York City, during which time his father worked at Brooklyn College in Flatbush, Brooklyn. Elmhurst is a Neighborhood in the New York City borough of Queens. The City of New York Brooklyn College is a senior college of the City University of New York, located in Brooklyn New York. Flatbush is a community of the Borough of Brooklyn, a part of New York City, consisting of several neighborhoods [2]

Scalia started his education at Public School 13 in Queens. A practicing member of the Roman Catholic Church, Scalia attended Xavier High School, a Catholic and Jesuit school in Manhattan. Xavier High School is a male only Jesuit university-preparatory High school located at 30 West 16th Street Chelsea neighborhood of Manhattan Catholic is an Adjective derived from the Greek adjective '' / 'katholikos' meaning "whole" or "complete". The Society of Jesus ( Latin: Societas Iesu, SJ and SI or SJ, SI) is a Catholic religious order Manhattan Island, in New York Harbor, is much the largest part of the Borough of Manhattan, one of the Five Boroughs which form the City of New York He graduated first in his class and summa cum laude with an A.B. from Georgetown College at Georgetown University in 1957. Latin honors are Latin phrases used to indicate the level of academic distinction with which an Academic degree was earned Georgetown College may refer to Georgetown College (Georgetown University, a college within Georgetown University in Washington DC Georgetown University is a Jesuit Private university located in Georgetown Washington D While at Georgetown, he also studied at the University of Fribourg, Switzerland and went on to study law at Harvard Law School (where he was a Notes Editor for the Harvard Law Review). The University of Fribourg (Université de Fribourg Universität Freiburg is a University in the city of Fribourg, Switzerland. Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School. He graduated magna cum laude from Harvard Law in 1960, becoming a Sheldon Fellow of Harvard University the following year. Latin honors are Latin phrases used to indicate the level of academic distinction with which an Academic degree was earned The fellowship allowed him to travel throughout Europe during 1960–1961.

On September 10, 1960, Scalia married Maureen McCarthy, an English major at Radcliffe College. Events 506 - The Bishops of Visigothic Gaul meet in the Council of Agde. Year 1960 ( MCMLX) was a Leap year starting on Friday (link will display full calendar of the Gregorian calendar. Radcliffe College was a women's liberal arts college in Cambridge Massachusetts, and was the Coordinate college for Harvard University Together they have nine children – Ann Forrest (born September 2, 1961), Eugene (labor attorney, former Solicitor of the Department of Labor), John Francis, Catherine Elisabeth, Mary Clare, Paul David (now a priest in the Catholic Diocese of Arlington at St. Events 44 BC - Pharaoh Cleopatra VII of Egypt declares her son co-ruler as Ptolemy XV Caesarion. Year 1961 ( MCMLXI) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar. Eugene Scalia is a partner in the Washington DC office of the Law firm Gibson Dunn & Crutcher LLP and son of United States Supreme Court The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety wage and hour standards A priest or priestess is a person having the authority or power to administer religious rites in particular rites of sacrifice to and propitiation of a deity or deities Catholic is an Adjective derived from the Greek adjective '' / 'katholikos' meaning "whole" or "complete". In many rites of the Roman Catholic Church and in Anglican churches, a diocese is an administrative territorial unit administered by a Bishop. Rita's Catholic Church), Matthew (a West Point graduate and U.S. Army Major currently serving as an ROTC instructor at the University of Delaware), Christopher James (currently an English professor at the University of Virginia's College at Wise), and Margaret Jane (studying at the University of Virginia). "USMA" redirects here For other uses see USMA (disambiguation The United States Military Academy (also known as USMA, The United States Army is a military organization whose primary mission is to "provide necessary forces and capabilities. Major is a Military rank the use of which varies according to country ROTC links here For other uses see ROTC (disambiguation A Reserve Officers' Training Corps ( ROTC) ROTC produces officers in all branches The University of Delaware ( UD) is the largest University in the U The University of Virginia's College at Wise, (also known as UVA Wise, Virginia-Wise, or UVA at Wise) is a public Liberal arts college The University of Virginia (also called UVa, UVA, Mr Jefferson's University, or The University) is a highly selective public research

Legal career

Scalia began his legal career at Jones, Day, Cockley and Reavis in Cleveland, Ohio, where he worked from 1961 to 1967, before becoming a Professor of Law at the University of Virginia in 1967. Jones Day is an international Law firm headquartered in Cleveland Ohio. Cleveland is a City in the US state of Ohio and the County seat of Cuyahoga County, the most populous county in the state The University of Virginia (also called UVa, UVA, Mr Jefferson's University, or The University) is a highly selective public research In 1971, he entered public service, working as the general counsel for the Office of Telecommunications Policy, under President Richard Nixon, where one of his principal assignments was to formulate Federal policy for the growth of cable television. From 1972 to 1974, he was the chairman of the Administrative Conference of the United States, before serving from 1974 to 1977 in the Ford administration as the Assistant Attorney General for the Office of Legal Counsel. Gerald Rudolph Ford Jr (July 14 1913 December 26 2006 was the thirty-eighth President of the United States, serving from 1974 to 1977 and the fortieth Vice President Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. The Office of Legal Counsel is an American government legal office in the U

Following Ford's defeat by Jimmy Carter, Scalia returned to academia, taking up residence first at the University of Chicago Law School from 1977 to 1982, and then as Visiting Professor of Law at Georgetown University Law Center and Stanford University. James Earl "Jimmy" Carter Jr (born October 1 1924 was the thirty-ninth President of the United States, serving from 1977 to 1981 and the recipient of the 2002 The University of Chicago is a Private university located principally in the Hyde Park neighborhood of Chicago. The University of Chicago Law School, having recently celebrated its centennial in the 2002-2003 school year has established itself as a high profile part of the University of Georgetown University Law Center ( Georgetown Law) is Georgetown University 's Law school, located in Washington D Leland Stanford Junior University, commonly known as Stanford University or simply Stanford, is a private Research university located in He was chairman of the American Bar Association's Section of Administrative Law, 1981–1982, and its Conference of Section Chairmen, 1982–1983. The American Bar Association ( ABA) founded August 21 1878 is a voluntary Bar association of Lawyers and law students which is not specific Administrative law is the body of Law that governs the activities of administrative agencies of Government.

In 1982, President Ronald Reagan appointed Scalia to be a Judge of the United States Court of Appeals for the District of Columbia Circuit. The United States Court of Appeals for the District of Columbia Circuit, known informally as the D Four years later, in 1986, Reagan nominated him to replace William Rehnquist as an Associate Justice of the Supreme Court of the United States after Rehnquist had been nominated by Reagan to serve as Chief Justice of the United States. William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U Scalia, whose nomination was backed by liberals such as Mario Cuomo, was approved by the Senate in a vote of 98-0 (with Barry Goldwater and Jake Garn absent) and he took his seat on September 26, 1986, becoming the first Italian-American Justice on the Supreme Court of the United States. Mario Matthew Cuomo (born Queens New York, June 15, 1932) served as the 52nd Governor of New York from 1983 to 1994 Edwin Jacob Garn (born October 12, 1932) is an American politician a member of the Republican Party, and served as a U Events 46 BC - Julius Caesar dedicates a Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) An Italian American is an American of Italian descent and/or dual citizenship

His law clerks have included prominent figures such as Paul Clement, the Solicitor General under George W. Bush, Lawrence Lessig, a law professor and activist, Joel Kaplan, former Marine Officer and currently the Deputy Chief of Staff for Policy under President George W. A law clerk or a judicial clerk is a person who provides assistance to a Judge in researching issues before the Court and in writing opinions Paul Drew Clement (born June 1966 was until recently the United States Solicitor General. The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. Lawrence Lessig (born June 3 1961) is an American academic and political activist Bush, Joseph D. Kearney, Dean and Professor at Marquette University Law School, and Stephen G. The Marquette University Law School is the professional school for the study of law at Marquette University in Milwaukee Wisconsin. Calabresi, professor of law at Northwestern University School of Law and founder of the Federalist Society. The Northwestern University School of Law is a private American Law school in Chicago Illinois. The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of Conservatives and Libertarians

Legal philosophy and approach

Statutory and constitutional interpretation

Justice Scalia (right) poses with Chief Justice of Puerto Rico Federico Hernández Denton in 2006.
Justice Scalia (right) poses with Chief Justice of Puerto Rico Federico Hernández Denton in 2006. Federico Hernández Denton (born April 12, 1944) is the Chief Justice of the Supreme Court of Puerto Rico.

A formalist, Scalia is considered the Court's leading proponent of textualism and originalism (he is careful to distinguish his philosophy of original meaning from original intent). Legal formalism is a positivist view in Jurisprudence and the Philosophy of law. Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries Original meaning is the dominant form of the legal theory of Originalism today These schools of jurisprudence emphasize careful adherence to, their understandings of, the text of both the Constitution of the United States and federal statutes as that text would have been understood to mean when adopted. The Constitution of the United States of America is the supreme Law of the United States. Scalia will typically use dictionaries contemporaneous with the text's adoption to discern its meaning.

By implication from his originalism, Scalia vigorously opposes the idea of a living constitution, which says that the judiciary has the power to modify the meaning of constitutional provisions to adapt, as expressed in Trop v. Dulles, to "the evolving standards of decency that mark the progress of a maturing society. The Living Constitution is a concept in Constitutional interpretation which suggests that the Constitution should be seen as continually evolving with the society Trop v Dulles, 356 US 86 (1958 was a federal court case in the United States that was filed in 1955 and finally decided by the Supreme Court " For Scalia, this idea misunderstands and negates what he calls the "anti-evolutionary purpose" of a constitution. A society that adopts a constitution, he says, "is skeptical. . . that societies always 'mature,' as opposed to rot. "[3] Scalia notes further that many important social advances, such as women's suffrage, were achieved not by judicial fiat but constitutional amendments — whose adoption, Scalia adds, is slow and cumbersome by design. The idea is that amending of the Constitution allows for democratic change as opposed to top down rule by judges.

Scalia often relies upon tradition and history to discern the original meaning of unclear constitutional provisions,[4] but when interpreting statutory language, he considers legislative history to be an irrelevant and unreliable interpretive tool. Legislative history includes any of various materials generated in the course of creating Legislation, such as committee reports analysis by legislative counsel committee hearings This aversion for legislative history is a central tenet of textualism, and is infused with both an appreciation for public choice theory[5] and of the realities of legislative compromise (i. Public choice in economic theory is the use of modern Economic tools to study problems that are traditionally in the province of Political science. e. , the statutory text being the only reliable evidence of the deal that was struck). [6] This position often puts him at odds with Justice Breyer, who is perhaps the Court's most steadfast proponent of attempting to discern the overarching legislative objectives of statutes, and who values legislative history in that pursuit. Stephen Gerald Breyer (born August 15 1938 is an American Attorney and Jurist.

Consistent with his formalist sensibilities, Scalia—at least in his earlier opinions—sought to maximize the role of the legislature in shaping law, and to minimize judicial discretion in its interpretation. For this reason he favored bright-line rules over abstract balancing tests[7] (one of his most frequently-cited works off the bench is an essay titled "The Rule of Law as a Law of Rules,"[8] which also neatly encapsulates Scalia's formalist view of law), and frowned upon judicially-crafted compromises between the requirements of the Constitution and perceived expediency (see, e. g. , his dissent in Maryland v. Craig); he has frequently pointed out that, regardless of whether or not moderate views are a good idea in politics, they are at root incompatible with the job of a judge: "[w]hat is a 'moderate interpretation' [of the Constitution])? Halfway between what it says and what you want it to say?"[9]

Scalia's originalism frequently puts him on the conservative side of the Court in constitutional cases, and he is generally perceived as a conservative member of the court. Maryland v Craig, 497 US 836 ( 1990) was a case decided by the Supreme Court of the United States under the Sixth Amendment to the United He has received the lowest Segal-Cover score of the current justices, and the lowest of all Supreme Court nominees measured; whereby the lower the score the more conservative a justice is presumed to be, and the higher the score the more liberal a justice is presumed to be. Segal-Cover scores attempt to measure the relative liberalism or conservatism of United States Supreme Court justices [10] In a 2003 statistical analysis of Supreme Court voting patterns, Scalia (and Justice Thomas) emerged as the most conservative. Clarence Thomas (born June 23, 1948) is an American Jurist. He has been serving as an Associate Justice of the Supreme Court of the United [11][12] However, his originalism occasionally brings results that defy conservative administrations. Judged by results alone, like his colleague Justice Clarence Thomas, Scalia has handed down decisions that might be called liberal in certain cases. Clarence Thomas (born June 23, 1948) is an American Jurist. He has been serving as an Associate Justice of the Supreme Court of the United

Hamiltonian political principles

In contrast to libertarian conservatives, Scalia has a rather positive view of governmental power. Libertarianism is a term used by a broad spectrum of political philosophies which prioritize individual Liberty and seek to minimize or even abolish the At a 1982 conference on federalism, Scalia challenged conservatives to reexamine what he regarded as their hostile view toward national power. Political federalism is a Political philosophy in which a group of members are bound together (Latin foedus, covenant) with a governing At a time when the presidency and Senate were in the hands of Republicans, Scalia maintained that a "do nothing" approach toward national policymaking was "self-defeating" for purposes of achieving conservative policy goals. The word presidency is often used to describe the administration or the executive, the collective administrative and governmental entity that exists around an office Scalia urged the members of the audience—"as Hamilton would have urged you—to keep in mind that the federal government is not bad but good. The trick is to use it wisely. "[13] As a judge, Scalia has coupled his positive view of governmental power with a defense of Hamiltonian political principles.

In Court opinions and extra-judicial writings, he has defended a formalistic view of separation of powers, which protects the least powerful institutions from overreaching by Congress, and which gives the executive branch substantial freedom to act with energy. Legal formalism is a positivist view in Jurisprudence and the Philosophy of law. Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance Scalia has defended an energetic executive, whose powers are not limited to the explicit grants of authority under Article II and which is regarded as the sole organ in foreign affairs. In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. He has defended a "political" conception of public administration that rejects the Progressive idea of administration as a neutral science, and he has embraced the three central components of Hamilton's administrative theory—unity, discretion, and policymaking. Progressivism is a term that refers to a broad school of international social and political philosophies. Public administration can be broadly described as the development implementation and study of branches of government Policy. Science (from the Latin scientia, meaning " Knowledge " or "knowing" is the effort to discover, and increase human understanding A policy is a deliberate plan of action to guide decisions and achieve rational outcome(s Scalia has defended a strong and independent federal judiciary, which is unafraid of striking down state and federal laws that conflict with the Constitution, but which is ultimately regarded as the least dangerous branch of government. And Scalia has defended a conception of the U. S. federal system where the federal government’s authority is dominant and the states are primarily protected against federal encroachment by the political process and the structural provisions of the Constitution. [14]

Stare decisis

While Scalia's approach to textual interpretation is famously categorical, his approach to stare decisis is not easily described, not least because originalists have not arrived at a singular answer on stare decisis. Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions In An Originalist Theory of Precedent: Originalism, Nonoriginalist Precedent, and the Common Good, 36 N. M. L. Rev. 419 (2006), Prof. Lee Strang argued, echoing Justice Frankfurter's formulation in Coleman v. Miller,[15] that stare decisis was sufficiently embedded in the common law understanding of courts to be implicit in Article III's grant of the judicial power, which means that originalists must find some account for stare decisis; Scalia's approach is best described as "moderate". Coleman v Miller, is a landmark decision of the United States Supreme Court which clarified that if the Congress of the United States &mdashwhen proposing Article Three of the United States Constitution establishes the Judicial branch of the federal government.

Unlike Justice Thomas, who is prone to reject stare decisis when he feels that a previous case has misinterpreted the Constitution, Scalia has steered a more moderate course. On the one hand, he has called for overruling many entrenched precedents that he considers unprincipled, most notably on abortion, criminal procedure, the Eighth Amendment, and campaign finance regulations. An Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791 [16] Moreover, having a formalist preference for clear rules rather than malleable balancing tests, as described above, he has rejected certain Court-instituted doctrines. For example in Tennessee v. Lane (2004) he rejected the Congruence and Proportionality test (adopted by the Court seven years earlier for reviewing Congressional enforcements of the Fourteenth Amendment) as a "standing invitation to judicial arbitrariness and policy-driven decisionmaking. Tennessee v Lane, 541 US 509 ( 2004) was a case in the Supreme Court of the United States involving Congress's enforcement The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first "[17] However, in his solo dissent in that case, his explanation—"principally for reasons of stare decisis"—of his ultimate choice of a standard to replace Congruence and Proportionality hints at a willingness to allow stare decisis to trump his own judicial philosophy. [17][18] More notably, he has declined to revisit several New Deal-era precedents—on federalism—which according to many originalists unconstitutionally expanded Congress's power and restricted states' powers using overbroad interpretations of the Commerce Clause. Political federalism is a Political philosophy in which a group of members are bound together (Latin foedus, covenant) with a governing Article 1 Section 8 Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the power to regulate commerce with foreign [19] This might be explained, however, by Scalia's Hamiltonian political principles and, in particular, his favorable view of national power.

That Scalia would uphold some and overrule other precedents that contradict his judicial philosophy is an apparent inconsistency that has led Scalia's critics to note that the written constitution is not silent on precedent, and they conclude that originalism cannot be reconciled with stare decisis. [20] Scalia has responded that stare decisis is a "pragmatic exception" to, not a part of, originalism. [21] For example, overruling New Deal precedents would be impractical because entrenched Congressional enactments and federal regulations, such as the Social Security Act, would be invalidated (this is, however, the modus operandi encouraged by purists). In any event, it seems Scalia will vote to uphold entrenched statutes even if they may violate originalism (like New Deal legislation), but he will also vote to uphold statutes that violate entrenched precedent as long as they satisfy originalism (like certain regulations on abortion).

Because Scalia's approach to precedent has the intent, if not the effect, of deferring to popularly enacted statutes in many cases, he has drawn praise as a judicial restraintist but criticism as a majoritarian. Judicial restraint is a theory of Judicial interpretation that encourages Judges to limit the exercise of their own power A majoritarian electoral system is one which is based on a "winner take all" principle [22][23][24][25]

Jurisprudence in practice

On the Eighth Amendment In Regards To Torture

Scalia does not believe that torture comes under the umbrella of the Eighth Amendment, in that it is not punishment.

In an interview with 60 Minutes in April 2008: "I don't like torture. " "Although defining it is going to be a nice trick. But who's in favor of it? Nobody. And we have a law against torture. But if the - everything that is hateful and odious is not covered by some provision of the Constitution," he says.

"If someone's in custody, as in Abu Ghraib, and they are brutalized by a law enforcement person, if you listen to the expression 'cruel and unusual punishment,' doesn't that apply?" 60 Minutes correspondent Lesley Stahl asks.

"No, No," Scalia replies.

"Cruel and unusual punishment?" Stahl asks.

"To the contrary," Scalia says. "Has anybody ever referred to torture as punishment? I don't think so. "

"Well, I think if you are in custody, and you have a policeman who's taken you into custody…," Stahl says.

"And you say he's punishing you?" Scalia asks.

"Sure," Stahl replies.

"What's he punishing you for? You punish somebody…," Scalia says.

"Well because he assumes you, one, either committed a crime…or that you know something that he wants to know," Stahl says.

"It's the latter. And when he's hurting you in order to get information from you…you don’t say he's punishing you. What’s he punishing you for? He's trying to extract…," Scalia says.

"Because he thinks you are a terrorist and he's going to beat the you-know-what out of you…," Stahl replies.

"Anyway, that’s my view," Scalia says. "And it happens to be correct. "

Rights

Scalia claims to defend rights explicit in the Constitution or recognized by longstanding social or legal traditions, but refuses to enforce other rights on the presumption that the courts are the default vindicators of any claim deemed rightful. One exception to this is the Right to Privacy, which is not explicitly mentioned in the Constitution but is a long-standing legal tradition. Scalia has said on several occasions that he does not believe the Constitution guarantees a right to privacy. He has vociferously asserted that the Fourteenth Amendment's Due Process Clause does not protect abortion, sodomy,[26][27] assisted suicide,[28] parental control over child visitation,[29][30] or manufacturers from large punitive damages. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her [31] With respect to the First Amendment, Scalia has voted to strike down laws restricting flag-burning, cross-burning, campaign contributions, and abortion protests.

With respect to procedural rights, he has resisted his colleagues' attempts to restrict the employment of the death penalty following the Eighth Amendment's prohibition of "cruel and unusual Punishment. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. "[32] He holds that the Constitution does not bar capital punishment of people who were juveniles at the time of the crime, as he was the author of Stanford v. Kentucky, and he dissented in both Thompson v. Oklahoma and Roper v. Simmons. Stanford v Kentucky,, was a United States Supreme Court case that sanctioned the imposition of the death penalty on offenders who were at least 16 years Thompson v Oklahoma, 487 US 815 ( 1988) was the first case since the moratorium on Capital punishment was lifted in the United States Roper v Simmons, was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose Capital punishment for crimes On the Fifth Amendment, Scalia has criticized the Miranda warning. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before [33] Conversely, he has ardently defended procedural rights explicit in the Constitution, for example arguing in Hamdi v. Rumsfeld (joined in dissent by his usual ideological opponent, Justice Stevens) that the government's detention of a U. Hamdi v Rumsfeld, 542 US 507 ( 2004) was a US Supreme Court decision reversing the dismissal of a Habeas corpus petition John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. S. citizen as an enemy combatant without charge was unconstitutional because Congress had not suspended the writ of habeas corpus. The term enemy combatant has historically referred to members of the armed forces of the state with which another state is at war Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief Scalia is similarly wary of government violations of the procedural guarantees of the Fourth, Fifth, and Sixth Amendments (e. The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts g. the Confrontation Clause in Maryland v. The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions the accused shall enjoy the right Craig discussed above).

Separation of powers

Regarding the Constitution's allocation of power among the Executive, Legislative and Judicial branches, Scalia favors clear lines of separation over pragmatic considerations. In a 1989 dissent he argued that the U.S. Sentencing Commission, which authorized federal judges to make policy in an executive capacity, violated the separation of power of the Judicial branch from the Executive. The United States Sentencing Commission is an independent agency of the judicial branch of the Federal government of the United States. [34] In a 1987 dissent he criticized the Independent Counsel law as an unwarranted encroachment on the Executive branch by the Legislative. United States Office of the Independent Counsel was an independent Prosecutor &mdash distinct from the Attorney General of the United States Department of Justice Justice Scalia has defended a formalistic interpretation of separation of powers primarily on the ground that it will make government officials more accountable and thereby better protect liberty. But there appears to be another reason for Scalia's formalism: to protect the powers of the executive branch. A central purpose of the framers' system of separation of powers was to guard against legislative tyranny, which has not been lost on Justice Scalia. He has said that the doctrine of separation of powers "not only protects, but pre-eminently protects, the Executive obligation to "take care that the Laws be faithfully executed," and he has warned that if government officials (particularly, the members of Congress) do not begin giving "more than lip service" to the doctrine "we will soon find ourselves living not under the Constitution but under a parliamentary democracy. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses A parliamentary system, also known as parliamentarianism (and parliamentarism in American English) is a System of government in which . . . "[35] Some claim there exists a double standard in Justice Scalia's separation of powers jurisprudence, alleging that he has been much less concerned about enforcing a formalistic interpretation of separation of powers when the executive branch's authority is called into question, and that he has shown more concern about congressional conferrals of core legislative power on the executive branch than he has shown about congressional usurpation of core executive functions. The latter, critics claim, was most apparent in his dissenting opinion in Clinton v. City of New York, where he supported (against Presentment Clause objections) the conferral of line-item veto authority on the president. Clinton v City of New York,, is a Legal case in which the Supreme Court of the United States ruled that the Line-item veto as granted in the The Presentment Clause ( Article I, Section 7 Clauses 2 and 3) of the United States Constitution outlines federal legislative procedure In Government, the line-item veto is the power of an executive to nullify or "cancel" specific provisions of a bill usually budget appropriations without [36]

Administrative law

Scalia was a former Professor of Administrative Law at the University of Chicago. He is very dubious of agency authority to, in his view, create law. As his dissent in the Brand X cable TV ISP case indicates, he was suspicious that the FCC rules to make one service telecommunications service rather than an information service in an arbitrary way by analogizing from the example of home delivered pizza. National Cable & Telecommunications Association et al v Brand X Internet Services et al An Internet service provider ( ISP, also called Internet access provider or IAP) is a company which primarily offers their customers access to the Internet In Telecommunication, the term telecommunications service has the following meanings 1 An information broker is a person or business that researches information for clients Delivery is the process of transporting Goods. Most goods are delivered through a transportation network. Pizza (ˈpiːtsə, in Italian:) is a popular dish made with an Oven -baked flat generally round Bread that is covered with tomatoes or a tomato-based Scalia reasoned that the majority's view would have courts divide the delivery service apart from the pizza baking service.

Important cases

This section lists cases which form an essential introduction to Scalia's jurisprudence, views and writing style.

Justice Scalia (right) at the Harvard Law School on November 30, 2006.
Justice Scalia (right) at the Harvard Law School on November 30, 2006.

Sixth Amendment case study

There is a particularly striking line of cases, beginning in 1989 and reaching its logical conclusion in 2005 with Booker, which illustrates Scalia's writing style and views on a particular subject, viz. , the requirement that a jury must determine all facts which relate to a sentence, a Constitutional guarantee which endangered (in Blakely) and then led to the toppling (in Booker) of the Federal Sentencing Guidelines as the sole means of determining a sentence for a federal crime. The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted defendants in the United States federal court system That line of cases is as follows:

(Refer to Morano, "Justice Scalia: His Instauration of the Sixth Amendment in Sentencing" for pre-Booker discussion of this line of cases). Ring v Arizona,, is a case in which the United States Supreme Court applied the rule of Apprendi v Blakely v Washington, 542 US 296 ( 2004) held that in the context of mandatory state sentencing guidelines the Sixth Amendment right to Schriro v Summerlin, 542 US 348 ( 2004) was a case in which the United States Supreme Court held that a requirement that a different Supreme United States v Booker,, was a United States Supreme Court decision

Judicial temperament and personality

Scalia speaking at residence of Ambassador to Israel, Richard Jones
Scalia speaking at residence of Ambassador to Israel, Richard Jones

Scalia's approach to textual interpretation is not the only substantial change he has brought to the bench. Richard H Jones (born in Shreveport, Louisiana, United States in 1950 is the former United States Ambassador to Israel. In a position that has often been characterized by substantial circumspection in writing and public behavior, Scalia has been especially willing to display his personality and wit and to attract, if not embrace, public controversy. Scalia is sometimes referred to by the nickname "Nino", and his colleagues refer to the frequent short case-related memos he sends as Ninograms. [37] Despite ideological differences, he is socially friendly with Ruth Bader Ginsburg, who considers Scalia her closest confidant and colleague, and keeps in her office pictures of herself and Scalia together at the Washington Opera and on a trip to India. Ruth Joan Bader Ginsburg (born March 15 1933 Brooklyn New York) is an Associate Justice on the U The Washington National Opera ( WNO) is a world-class opera company in Washington D India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country [38][39]

At oral argument and in written opinions

Scalia is well known for his lively questioning during arguments before the court; one litigator who argued before the Court compared Scalia's questioning style to "a big cat batting around a ball of yarn. "[40] It has been observed that his aggressive questioning style at oral argument was virtually unknown upon his arrival at the Court, but has become virtually the norm in the succeeding twenty years as new Justices arrived.

In his concurring and dissenting opinions, he frequently refers to fellow Justices personally, quoting them from past opinions to point out what he considers inconsistencies in their reasoning or broad judicial philosophy, or accusing them of inventing legal standards out of thin air. "[Alt]hough Scalia's judicial philosophy resemble[s] that of Hugo Black, his temperament [i]s closer to that of William O. Douglas, and that proved to be his undoing. Hugo LaFayette Black (February 27 1886&ndashSeptember 25 1971 was an American politician and jurist. William Orville Douglas ( October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. " Rosen, The Supreme Court 183 (2007). His strongest commentary has often been directed at his more moderate fellow conservatives, Justices Sandra Day O'Connor and Anthony Kennedy, for reasons including what he saw as the former's equivocation on abortion and the latter's willingness to take persuasive guidance from foreign law in his opinions. Sandra Day O'Connor (born March 26, 1930) is an American Jurist. Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U [41] His written opinions are also known, in the context of judicial custom, for their uncommonly commonplace phrasing. The combination of Scalia's often pointed, uncompromising and corrosive writing with his layman approach to penmanship have led some to deduce an intention of influencing future lawyers and legal practitioners to accord with his judicial philosophy. [42] Already affecting legal discourse and practice is Scalia's persistent criticism of the use of legislative history in statutory interpretation, according to Judge Alex Kozinski, who has said that "legislative history just ain't worth what it was a few years ago. Alex Kozinski (born 23 July 1950 is a Romanian American jurist "[43] Scalia has even earned respect from political liberals; Senate Democratic leader Harry Reid has said, "[T]his is one smart guy. Harry Mason Reid (born December 2 1939 is the senior United States Senator from Nevada and a member of the Democratic Party, as well as And I disagree with many of the results that he arrives at, but his reason for arriving at those results are very hard to dispute. "[44][45] Others have commented that Justice Scalia's aggressive criticisms of Justices Kennedy and O'Connor may have diminished the willingness of those Justices to form a stable conservative coalition on the Court. [46]

Relations with the electronic media

Strongly protective of his privacy, Scalia formerly severely restricted the electronic media from recording his speaking engagements, citing his "First Amendment right not to speak on the radio or television when I do not wish to do so. Electronic media are media that utilize Electronics or Electromechanical energy for the End user ( Audience) to access the content "

In April 2004, at a Scalia speech in Hattiesburg, Mississippi, U.S. Marshal Melanie Rube, acting as security detail, confiscated the audio tape of a reporter covering the event. Hattiesburg, known as "The Hub City" is a city in Forrest and Lamar Counties in the U After some controversy over the incident, Scalia apologized and stated he did not order the Marshal to do so. He has since amended his policy so that print reporters are now allowed to record his speeches to "promote accurate reporting. "

More recently, he appears to be relaxing the electronic media stricture as well—at least two of his recent speeches have been covered by C-SPAN. C-SPAN (officially the Cable-Satellite Public Affairs Network) is an American Cable television network dedicated to airing non-stop coverage This is possibly related to the graduation from college of the last of his children, whose privacy has potentially been a major factor in the strongly family-oriented Scalia's desire for privacy (see discussion in Mark Tushnet, A Court Divided), and Scalia has recently been quoted as saying that "My kids have been working on me to get out and do more public appearances. Mark V Tushnet (born 1945) is the William Nelson Cromwell Professor of Law at Harvard Law School. . . They think it makes it harder to demonize you—and I agree. "[47]

Views on televising Supreme Court sessions

Like Justice Souter — who has averred that "the day you see a camera come into our courtroom, it's going to roll over my dead body"[48][49] — Scalia has opposed the introduction of live television broadcasts of Supreme Court oral arguments. For the Australian artist see David Henry Souter. David Hackett Souter (ˈsutɚ born September 17, 1939) has been an In an early 2005 roundtable discussion with Justices O'Connor and Breyer at the National Archives, also carried by C-SPAN, he noted that he would approve of both audio and television broadcasts if he could be confident that it would go out and be watched gavel-to-gavel. Stephen Gerald Breyer (born August 15 1938 is an American Attorney and Jurist. C-SPAN (officially the Cable-Satellite Public Affairs Network) is an American Cable television network dedicated to airing non-stop coverage He characterized his objections as relating to the possibility for sensationalism, excerptation, and the fostering of an inaccurate picture of the Supreme Court's operation.

Recusals and non-recusals

Perhaps more than any other recent Justice, Scalia's choices regarding whether to recuse himself from upcoming cases following controversial statements and acts have garnered public attention. Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding

War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts. Give me a break. If he was captured by my [America's] army on a battlefield, that is where he belongs.
Also of concern to those petitioning for recusal in Hamdan was an additional comment that "I had a son [Matthew Scalia] on that battlefield; they were shooting at my son, and I'm not about to give this man who was captured in a war a full jury trial. " Scalia declined to recuse himself from Hamdan, this time without comment. [53][54]

This incident led law professor and conservative commentator Ron Cass to complain that it was becoming fashionable in certain circles for those who oppose Scalia to demand that Scalia recuse himself as a strategy to nullify his vote. [55]

Further reading

Notes

  1. ^ Supreme Court Historical Society
  2. ^ Talbot, Margaret. "Profiles, Supreme Confidence", The New Yorker, March 28, 2005, p. The New Yorker is an American Magazine that publishes reportage commentary criticism essays fiction satire cartoons and poetry Events 37 - Roman Emperor Caligula accepts the titles of the Principate, entitled to him by the Senate. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. 40. Accessed October 22, 2007. Events 202 BC - Hannibal Barca, leader of the Carthaginians, is defeated by the Roman legions under Scipio Africanus Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. "Tells about Scalia’s childhood in Trenton, New Jersey and Elmhurst Queens. His father, Eugene, was a professor at Brooklyn College and a believer in the principles of the New Criticism. "
  3. ^ A Matter of Interpretation, pp. 40–41.
  4. ^ Ring, p. 2.
  5. ^ William Eskridge, Politics without Romance: Implications of Public Choice Theory for Statutory Interpretation, Virginia Law Review, Vol. 74, No. 2, p. 277.
  6. ^ "Why Learned Hand Would Never Consult Legislative History Today," Harvard Law Review, Vol. 105, No. 5 (March 1992), p. 1005.
  7. ^ Cass Sunstein, "Justice Scalia's Democratic Formalism," The Yale Law Journal, Vol. 107, No. 2 (Nov. 1997), p. 530.
  8. ^ 56 U. Chi. L. Rev. 1175
  9. ^ Boston News March 15 2006 http://www.boston.com/news/local/massachusetts/articles/2006/03/15/scalia_critical_of/
  10. ^ http://ws.cc.stonybrook.edu/polsci/jsegal/qualtable.pdf
  11. ^ See http://pooleandrosenthal.com/the_unidimensional_supreme_court.htm .
  12. ^ Lawrence Sirovich, "A Pattern Analysis of the Second Rehnquist Court," Proceedings of the National Academy of Sciences 100 (24 June 2003), available online at http://www.pnas.org/cgi/reprint/1132164100v1 .
  13. ^ Antonin Scalia, "The Two Faces of Federalism," Harvard Journal of Law & Public Policy 6 (1982): 19–22.
  14. ^ James B. Staab, The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court, pp. xxiv-xxxi.
  15. ^ Coleman v. Miller 307 U. S. 433, 460 (1939) (Frankfurter, concurring) ("In endowing [the Federal] Court[s] with 'judicial Power' the Constitution presupposed an historic content for that phrase . . . Both by what they said and by what they implied, the framers of the Judiciary Article gave merely the outlines of what were to them the familiar operations of the English judicial system and its manifestations on this side of the ocean before the Union").
  16. ^ See, e. g. , Scalia's opinions in Stenberg v. Carhart (calling for overruling Planned Parenthood v. Casey), Dickerson v. United States (calling for overruling Miranda v. Arizona), and South Carolina v. Stenberg Attorney General of Nebraska et al v Carhart, 530 US Planned Parenthood v Casey, 505 US 833 ( 1992) was a case decided by the Supreme Court of the United States in which the Constitutionality Dickerson v United States,, upheld the requirement that the Miranda warning be read to criminal suspects and struck down a federal statute that Miranda v Arizona (consolidated with Westover v United States, Vignera v Gathers (calling for overruling Booth v. Maryland), and Justice Thomas's opinion which Scalia joined in Randall v. Sorrell (calling for overruling Buckley v. Valeo). Randall v Sorrell, 548 US 230 (2006 is a decision by the Supreme Court of the United States involving a Vermont law which placed a cap on financial Buckley v Valeo, 424 US 1 ( 1976) was a case in which the Supreme Court of the United States upheld a federal law which set limits
  17. ^ a b FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
  18. ^ Cf. Rossum, p. 97.
  19. ^ See, e. g. , Justice Thomas's opinions in Gonzales v. Raich and Hillside Dairy v. Gonzales v Raich (previously Ashcroft v Raich) 545 US 1 (2005 was a case in which the United States Supreme Court ruled on Lyons, which Scalia declined to join.
  20. ^ Laurence Tribe in Antonin Scalia and Amy Guttman, A Matter of Interpretation, Princeton (1998), p. Laurence Henry Tribe (born October 10, 1941) is a professor of Constitutional law at Harvard Law School and the Carl M 83.
  21. ^ Scalia in ibid. , p. 140.
  22. ^ Randy Barnett at http://volokh.com/archives/archive_2005_06_26-2005_07_02.shtml#1119812379 (by implication, referring to the "[un]willingness" of a "majoritarian like Scalia" to "judicially enforce federalism limitations on Congress").
  23. ^ Adam Pritchard and Todd Zywicki, "Finding the Constitution: An Economic Analysis of Tradition's Role in Constitutional Interpretation," North Carolina Law Review, Vol. 77, 1998 SSRN 141857 ("Justice Scalia has articulated a majoritarian view of tradition that looks to the legislative practices of state legislatures"). The Social Science Research Network (SSRN is a Website devoted to the rapid dissemination of scholarly research in the Social sciences, particularly the fields of
  24. ^ Ralph A. Rossum at http://www.claremont.org/writings/crb/fall2005/correspondence.html (". . . Scalia has a 'vulgar majoritarian' understanding of democracy").
  25. ^ James Huffman, "A Case for Principled Judicial Activism," Heritage Foundation Lecture #456 (20 May 1993), available online at http://www.heritage.org/Research/LegalIssues/HL456.cfm (characterizing Scalia as a "judicial restraintist" by implication, and asking "Why should the judiciary defer to democracy, as Justice Scalia would have it?").
  26. ^ FIRST THINGS: A Journal of Religion, Culture, and Public Life
  27. ^ NINOVILLE - an Antonin Scalia reference site
  28. ^ See, e. g. , Washington v. Glucksberg. Washington v Glucksberg, 521 US 702 ( 1997) was a case in which the Supreme Court of the United States held that a right to assistance in
  29. ^ Ring, p. 314.
  30. ^ See Troxel v. Granville where Scalia explained that, while he recognized in the Ninth Amendment the right to direct the upbringing of one's children, the courts had no authority to invalidate duly passed laws violating that right. Troxel v Granville, 530 US 57 ( 2000) was a case in which the Supreme Court of the United States, citing a constitutional right of parents Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are He contended that, instead, the legislature was not the proper venue for arguing against infringement of the right.
  31. ^ See BMW v. Gore. BMW of North America Inc v Gore, 517 US 559 (1996 was a United States Supreme Court case limiting Punitive damages under the Due
  32. ^ [1]
  33. ^ See Dickerson v. United States. Dickerson v United States,, upheld the requirement that the Miranda warning be read to criminal suspects and struck down a federal statute that
  34. ^ Ring, pp. 43-44
  35. ^ David Ryrie Brink, Antonin Scalia, and Richard B. Smith, Brief for American Bar Association as Amicus Curiae in INS v. Chadha, and "1976 Bicentennial Institute--Oversight and Review of Agency Decisionmaking," Administrative Law Review (1976) 28 (No. Immigration and Naturalization Service v Chadha, 462 US 919 ( 1983) was a United States Supreme Court case ruling that the Legislative 4): 569-742, 694.
  36. ^ James B. Staab. The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court,pp. 35-88.
  37. ^ Edward Lazarus, C-SPAN Booknotes, "Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court", June 14, 1998. C-SPAN (officially the Cable-Satellite Public Affairs Network) is an American Cable television network dedicated to airing non-stop coverage Retrieved Nov. 29, 2006.
  38. ^ Oyez. org, "Justice Ruth Bader Ginsburg's Chambers: At the Opera". Retrieved Mar. 11, 2007.
  39. ^ Oyez. org, "Justice Ruth Bader Ginsburg's Chambers: Scalia & Ginsburg on elephant". Retrieved Mar. 11, 2007.
  40. ^ OYEZ Biography http://www.oyez.org/oyez/resource/legal_entity/103/print
  41. ^ See, e. g. , Bill Adair, "Spirited Scalia not one to shy away," St. Petersburg Times (Florida), April 25, 2004.
  42. ^ Joan Biskupic at http://www.usatoday.com/news/washington/2002-09-17-scalia-1acover_x.htm "No Shades of Gray for Scalia" in USA Today
  43. ^ *Judge Alex Kozinski, "My Pizza With Nino," 12 Cardozo L. Alex Kozinski (born 23 July 1950 is a Romanian American jurist Rev. 1583 (1991)
  44. ^ Meet the press, Dec. 5, 2004.
  45. ^ Richey, Warren, "One scenario: Chief Justice Scalia?", Christian Science Monitor, May 13, 2005.
  46. ^ Savage, David, "Supreme Court's new tilt could put Scalia on a roll," Los Angeles Times, Feb. 20, 2007.
  47. ^ Celebrity Scandals and Gossip - NY Daily News
  48. ^ Redirect
  49. ^ http://www.cleveland.com/politics/plaindealer/index.ssf?/base/ispol/1134122119289810.xml&coll=2
  50. ^ Tony Mauro, Legal Times, "Scalia Recusal Revives Debate Over Judicial Speech, Ethics", October 20, 2003. Retrieved Nov. 29, 2006.
  51. ^ Brian T. Fitzpatrick, The National Law Journal, "Scalia's mistake", April 24, 2006. The National Law Journal, a US Periodical founded in 1978, reports legal information of national importance to attorneys including federal Retrieved Nov. 29, 2006.
  52. ^ "CHENEY v. UNITED STATES DIST. COURT FOR D. C.", March 18, 2004. Retrieved Nov. 29, 2006.
  53. ^ BBC News, "Judge 'rejects Guantanamo rights'", 27 March 2006. Retrieved Nov. 29, 2006.
  54. ^ Mark Coultan, Sydney Morning Herald, "Comments on rights of detainees cast doubt on judge's role on court", March 28, 2006. The Sydney Morning Herald ( SMH) is a daily Broadsheet Newspaper published by Fairfax Media in Sydney, Australia Retrieved Nov. 29, 2006.
  55. ^ Ronald A. Cass, Real Clear Politics, "Stalking Scalia", March 30, 2006. RealClearPolitics is a Chicago -based Political news Aggregator, polling data aggregator and Blog founded in 2000 by former options Retrieved Nov. 29, 2006.

References

External links

Biographical

Websites

Works by Scalia

Newspaper articles and miscellaneous content

Legal offices
Preceded by
Roger Robb		 Judge of the U.S. Court of Appeals for the D.C. Circuit
1982-1986		 Succeeded by
David B. Sentelle
Preceded by
William Hubbs Rehnquist		 Associate Justice of the Supreme Court of the United States
1986 - present		 Incumbent
Order of precedence in the United States of America
Preceded by
John Paul Stevens		 United States order of precedence
as of 2008		 Succeeded by
Anthony Kennedy


Persondata
NAME Scalia, Antonin Gregory
ALTERNATIVE NAMES
SHORT DESCRIPTION Supreme Court Associate Justice
DATE OF BIRTH March 11, 1936
PLACE OF BIRTH Trenton, New Jersey
DATE OF DEATH
PLACE OF DEATH
The United States Court of Appeals for the District of Columbia Circuit, known informally as the D Judge David Bryan Sentelle (born February 12, 1943 in Canton North Carolina) is the Chief Judge of the United States Court of Appeals for the District William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice This is a list of past and present justices of the Supreme Court of the United States. The United States Order of precedence is a nominal and symbolic hierarchy of important positions within the government of the United States. John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. The United States Order of precedence is a nominal and symbolic hierarchy of important positions within the government of the United States. Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States Events 1425 BC - Thutmose III, Pharaoh of Egypt, dies (according to the Low Chronology of the 18th Dynasty Year 1936 ( MCMXXXVI) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian calendar. Trenton is the Capital of the US state of New Jersey and the County seat of Mercer County. New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States.
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