Justice Antonin
Scalia, whose transformative legal theories, vivid writing and outsize
personality made him a leader of a conservative intellectual renaissance in his
three decades on the Supreme Court, was found dead on Saturday at a resort in
West Texas, according to a statement from Chief Justice John G. Roberts Jr. He
was 79.
“He was an
extraordinary individual and jurist, admired and treasured by his colleagues,”
Chief Justice Roberts said. “His passing is a great loss to the Court and the
country he so loyally served.”
The cause of death
was not immediately released.
Justice Scalia began
his service on the court as an outsider known for caustic dissents that
alienated even potential allies. But his theories, initially viewed as
idiosyncratic, gradually took hold, and not only on the right and not only in
the courts.
He was, Judge Richard
A. Posner wrote
in The New Republic in 2011, “the most influential justice of the last
quarter century.” Justice Scalia was a champion of originalism, the theory of constitutional
interpretation that seeks to apply the understanding of those who drafted and
ratified the Constitution. In Justice Scalia’s hands, originalism generally led
to outcomes that pleased political conservatives, but not always. His approach
was helpful to criminal defendants in cases involving sentencing and the
cross-examination of witnesses.
With the retirement
of Justice John Paul Stevens in 2010, Justice Scalia became the longest serving
member of the current court. By then, Justice Scalia was routinely writing for
the majority in the major cases, including ones on the First Amendment, class
actions and arbitration.
He was an exceptional
stylist who labored over his opinions and took pleasure in finding precisely the
right word or phrase. In dissent, he took no prisoners. The author of a
majority opinion could be confident that a Scalia dissent would not overlook
any shortcomings.
Justice Scalia wrote
for a broader audience than most of his colleagues. His opinions were read by
lawyers and civilians for pleasure and instruction.
Justice Scalia’s
sometimes withering questioning helped transform what had been a sleepy bench
when he arrived into one that Chief Justice Roberts has said has become too
active, with the justices interrupting the lawyers and each other.
The current occupant of the Oval Office can be
expected to appoint a replacement whose views will more align with his own.
Once his nominee is chosen, the US Senate will hold confirmation hearings and
then put the nominee to a vote. A majority of 51 wins, which may be difficult
for Obama in a Senate that currently has 54 Republicans, 44 Democrats, and
two Independents. There is definitely a concern that the Republican-controlled
Senate will do their best to put off the confirmation of any
less-than-conservative nominee in the hopes that a Republican president will be
elected in the fall and the task of nomination will then go to him.
The time for all this action to take place
isn't set in stone, and having a Democratic president try to replace a
conservative justice in a Republican-led Senate will surely prove difficult.
The last person to join the Supreme Court was Justice Elena Kagan, who was
nominated by Obama on May 20, 2010 in anticipation of Justice John Paul
Stevens' impending retirement on June 29 of that year. She was confirmed by a
63-37 vote of the Senate on Aug. 5, 2010. The last Justice to die on the bench
was William Rehnquist on Sept. 2, 2005.
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