Topic

Antonin Scalia

40 articles 1996–2018

Christians as Pilgrims, and Other Lessons from Antonin Scalia

Terry Eastland · December 22, 2017

Among the many reasons to give the book Scalia Speaks for Christmas are its collected speeches on religion. And of these speeches, my favorite is “Being Different,” which the justice gave in 1992 to the Judicial Prayer Breakfast Group, an informal gathering of judicial officers in the Washington,…

Books for the Reader Who Has Everything

Ann Corkery · December 16, 2017

Seeking a gift for the American who has everything? (And don’t so many of us.) Let me suggest two of my favorite books published in 2017: Carl Cannon’s On This Date: From the Pilgrims to Today, Discovering America One Day at a Time or the late Antonin Scalia’s Scalia Speaks: Reflections on Law,…

Scalia Sweats

Terry Eastland · October 19, 2017

Justice Scalia was a terrific writer. And he thought about the craft, and what it requires. A short speech titled “Writing Well,” given to a group of legal writers who were giving him a lifetime achievement award, is fantastic.

Scalia on American Exceptionalism

Terry Eastland · October 9, 2017

Published last week, Scalia Speaks is a collection of the justice’s speeches edited by his son Christopher and the lawyer Ed Whelan. The book has six parts, the first of which is “On the American People and Ethnicity.”

The Many Virtues of Scalia's Speeches

Adam J. White · October 4, 2017

“When I was in law teaching,” recalled Antonin Scalia in a speech just days before his 1986 nomination to the Supreme Court, “I was fond of doing what is called ‘teaching against the class’—that is, taking positions that the students were almost certain to disagree with, in order to generate some…

Good Writer's Disease?

Barton Swaim · September 29, 2017

I’m not sure I’ve ever enjoyed reading a collection of speeches. This may be due to the fact that most or maybe all I’ve read are political, and political speeches, even those authored by literate and capable politicians, lose their significance almost immediately. But perhaps the more important…

Soulcraft as Statecraft

Adam J. White · September 29, 2017

“When I was in law teaching,” recalled Antonin Scalia in a speech just days before his 1986 nomination to the Supreme Court, “I was fond of doing what is called ‘teaching against the class’—that is, taking positions that the students were almost certain to disagree with, in order to generate some…

Neil Gorsuch and Natural Law

Eric Claeys · March 6, 2017

Later this month, the Senate Judiciary Committee convenes hearings on the nomination of Judge Neil Gorsuch to replace Antonin Scalia on the Supreme Court. Although the Committee will have a lot of legitimate issues to consider, some outsiders are trying to interest it in two unusual topics: natural…

Who Should Trump Nominate to Scalia's Seat?

Jonathan V. Last · November 21, 2016

Over the weekend I received emails from two very smart conservative lawyer friends about who President Donald Trump should nominate to take the late Antonin Scalia's seat on the U.S. Supreme Court. The first mounted a strong argument for Joan Larsen—about whom I had known relatively little. When I…

A Most Fitting Tribute

Terry Eastland · October 14, 2016

In this down year for conservatives one bright spot has been the renaming of George Mason University’s law school in honor of the late Supreme Court justice Antonin Scalia.

Ginsburg Gets It Wrong On the Garland Nomination

Terry Eastland · September 9, 2016

Justice Ruth Bader Ginsburg again feels compelled to urge the Senate to vote on President Obama's nomination of Merrick Garland to the seat held by the late justice Antonin Scalia. At an event this week for incoming law students at Georgetown University, Ginsburg said the Senate should vote on…

Filling the Scalia Seat

Terry Eastland · August 11, 2016

On the eve of the Republican National Convention, President Obama published a piece in the Wall Street Journal lamenting "congressional inaction" on the nomination of Judge Merrick Garland to the Supreme Court. We have heard that term before, of course. Obama has often used congressional inaction…

America's Constitutionalist and Our Constitutional Soul

Adam J. White · August 10, 2016

It was a pleasant surprise to learn that Harvey Mansfield's latest "Conversation with Bill Kristol" is a discussion of his wonderful 1993 book, America's Constitutional Soul. But I was all the more pleased to tune in and discover how Kristol begins their discussion: by comparing America's…

Supreme Confusion

Jaime Sneider · July 15, 2016

Since Justice Antonin Scalia’s death in February, the Obama administration and its allies have insisted that a failure to confirm D.C. circuit judge Merrick Garland to replace him would result in chaos. In the absence of an odd number of justices, the story went, the Supreme Court wouldn't be able…

Scalia's Finest Opinion

Terry Eastland · March 11, 2016

The late justice Antonin Scalia thought his best opinion was his dissent in Morrison v. Olson, a case decided on June 29, 1988, when he was finishing just his second term on the Supreme Court. At issue was the constitutionality of the independent counsel law, first passed in 1978. By a vote of…

The Minister and the Justice

Terry Eastland · February 28, 2016

In 1998, Justice Antonin Scalia attended the funeral service for Justice Lewis Powell at Grace Covenant Presbyterian Church in Richmond, Virginia. At the luncheon afterwards Scalia looked for the church's pastor, the Rev. James Goodloe. Unable to find him, Scalia wrote Goodloe a letter telling him…

Antonin Scalia, Reform Conservative

Adam J. White · February 22, 2016

In the aftermath of Justice Scalia's untimely passing, the outpouring of remembrances describe his astonishing legal career: a Supreme Court justice, of course, and before that a D.C. Circuit judge, a University of Chicago law professor, and chief of the Ford Administration's Office of Legal…

Country Divided Like Never Before

Chris Deaton · February 19, 2016

Rarely has the United States been so neatly split as it is now. One party holds complete control of Congress while the other holds the presidency--a scenario that has happened only a quarter of the time since 1855.

Great Moments in Liberal Hypocrisy

The Scrapbook · February 19, 2016

If politics is the art of the possible, as Bismarck once said, then The Scrapbook’s corollary is especially germane these days: Politics is the art of getting away with as much hypocrisy as possible. Both parties are prone to this annoying habit, of course; but in the week since the sudden death of…

Scalia and His Enemies

The Scrapbook · February 19, 2016

In January, The Scrapbook was privileged to be in attendance at a speech Antonin Scalia gave to a small audience at Catholic University. We can’t claim to have known the man or even to have met him for more than a handshake, but Scalia was such a presence that even being in the same room with him…

The American Constitutionalist

Adam J. White · February 19, 2016

A few days before Justice Antonin Scalia passed away, I stumbled upon a monograph published in 1979 by the American Enterprise Institute, a debate titled "A Constitutional Convention: How Well Would It Work?" The subject matter, though interesting, paled in comparison to the names of the…

The Justice as Writer

Andrew Ferguson · February 19, 2016

The literary critic Edmund Wilson was ambivalent about the legacy of Abraham Lincoln, but he didn't doubt Lincoln's genius as a writing man. "Alone among American Presidents," Wilson wrote, "it is possible to imagine Lincoln, grown up in a different milieu, becoming a distinguished writer of a not…

Antonin Scalia, Larger Than Life

Jonathan V. Last · February 14, 2016

The first time I saw Justice Antonin Scalia in the flesh was in college. He came to speak at my school, which was a broadly apolitical place. There were no protests. He gave a brief talk on the idea of originalism—easily the most engaging lecture of my four years—and then he took questions. For…

Antonin Scalia, 1936-2016

William Kristol · February 13, 2016

When I was first saw the San Antonio newspaper was reporting Nino Scalia's death, I fervently hoped it wasn't true. But then there were other reports, and emails from friends, and hope was replaced by shock, and by grief.

JUSTICE SCALIA DISSENTS

Antonin Scalia · June 3, 1996

The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare . . . desire to harm'" homosexuals, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a…

JUSTICE SCALIA DISSENTS

Antonin Scalia · June 3, 1996

The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare . . . desire to harm'" homosexuals, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a…