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Encyclopedia > Antonin Scalia
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  (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. Appointed by Republican President Ronald Reagan, he is considered to be a core member of the conservative wing of the court. Image File history File linksMetadata Antonin_Scalia,_SCOTUS_photo_portrait. ... 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. ... Open seat redirects here. ... is the 269th day of the year (270th in leap years) in the Gregorian calendar. ... Year 1986 (MCMLXXXVI) was a common year starting on Wednesday (link displays 1986 Gregorian calendar). ... Reagan redirects here. ... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ... is the 70th day of the year (71st in leap years) in the Gregorian calendar. ... Year 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will display the full calendar) of the Gregorian calendar. ... Nickname: Location of Trenton inside of Mercer County Coordinates: , Country State County Mercer Incorporated November 13, 1792 Government  - Mayor Douglas H. Palmer Area  - City  8. ... This article is about the U.S. state. ... For other uses, see Alma mater (disambiguation). ... Georgetown University is a Jesuit private university located in Georgetown, Washington, D.C. Father John Carroll founded the school in 1789, though its roots extend back to 1634. ... Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. ... The Roman Catholic Church, most often spoken of simply as the Catholic Church, is the largest Christian church, with over one billion members. ... is the 70th day of the year (71st in leap years) in the Gregorian calendar. ... Year 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will display the full calendar) of the Gregorian calendar. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... 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 (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... GOP redirects here. ... Reagan redirects here. ...


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. 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. Textualism is a formalist theory of statutory interpretation which holds that a statutes ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or substantive questions of... Statutory interpretation is the process of interpreting and applying legislation. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... There are several theories as to how judges ought to interpret legal sources (legislation, case law and constitional provisions). ... The United States Supreme Court. ... States rights refers to the idea, in U.S. politics and constitutional law, that U.S. states possess certain rights and political powers in relation to the federal government. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ...

Contents

Early life

Antonin Scalia was born in Trenton, New Jersey. His mother, Kathy Panaro,was born in the United States; his father, S. Eugene, a professor of romance languages, was born in Sicily. 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.[2] Nickname: Location of Trenton inside of Mercer County Coordinates: , Country State County Mercer Incorporated November 13, 1792 Government  - Mayor Douglas H. Palmer Area  - City  8. ... Sicily ( in Italian and Sicilian) is an autonomous region of Italy and the largest island in the Mediterranean Sea, with an area of 25,708 km² (9,926 sq. ... Queens Boulvard in Elmhurst, Queens NY. Macys and Queens Center Mall can be seen in the background. ... This article is about the borough of New York City. ... New York, New York and NYC redirect here. ... 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. ...


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. He graduated first in his class and summa cum laude with an A.B. from Georgetown College at Georgetown University in 1957. 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). He graduated magna cum laude from Harvard Law in 1960, becoming a Sheldon Fellow of Harvard University the following year. The fellowship allowed him to travel throughout Europe during 1960–1961. Catholic Church redirects here. ... Xavier High School is an all-boys Jesuit Catholic high school located in the Chelsea neighborhood of Manhattan, New York City. ... Seal of the Society of Jesus. ... This article is about the borough of New York City. ... Latin honors are Latin phrases used to indicate the level of academic distinction with which an academic degree was earned. ... A B.A. issued from the University of Tennessee. ... Note: Georgetown University is a separate and unaffiliated institution located in Washington, DC. Georgetown College is a small, private liberal arts college located in Georgetown, Kentucky. ... Georgetown University is a Jesuit private university located in Georgetown, Washington, D.C. Father John Carroll founded the school in 1789, though its roots extend back to 1634. ... For the German university, see Albert Ludwigs University of Freiburg. ... Harvard Law School (colloquially, 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. ... Latin honors are Latin phrases used to indicate the level of academic distinction with which an academic degree was earned. ... Harvard redirects here. ...


On September 10, 1960, Scalia married Maureen McCarthy, an English major at Radcliffe College. 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. 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). is the 253rd day of the year (254th in leap years) in the Gregorian calendar. ... Year 1960 (MCMLX) was a leap year starting on Friday (link will display full calendar) of the Gregorian calendar. ... Radcliffe College was a liberal arts womens college in Cambridge, Massachusetts, closely associated with Harvard University. ... is the 245th day of the year (246th in leap years) in the Gregorian calendar. ... 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 D.C. office of the law firm Gibson, Dunn & Crutcher LLP and son of United States Supreme Court Justice Antonin Scalia. ... The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. ... This article is about religious workers. ... Pope Pius XI blesses Bishop Stephen Alencastre as fifth Apostolic Vicar of the Hawaiian Islands in a Cathedral of Our Lady of Peace window. ... Arlington County is an urban county of about 203,000 residents in the Commonwealth of Virginia, in the U.S., directly across the Potomac River from Washington, D.C. [1] Originally part of the District of Columbia, the land now comprising the county was retroceded to Virginia in a July... Alternate meanings: West Point (disambiguation). ... The United States Army is the largest, and by some standards oldest, established branch of the armed forces of the United States and is one of seven uniformed services. ... Major is a military rank the use of which varies according to country. ... The Reserve Officer Training Corps (ROTC) is a training program of the United States armed forces present on college campuses to recruit and educate commissioned officers. ... The University of Delaware (UD) is the largest university in the U.S. state of Delaware. ... The University of Virginias College at Wise, commonly called UVa-Wise, is a public liberal arts college, and a member of the Council of Public Liberal Arts Colleges, located in Wise, Virginia. ... The University of Virginia (also called U.Va. ...


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. 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. Jones Day is a large international law firm with its titular main office in Cleveland, Ohio. ... Cleveland redirects here. ... The University of Virginia (also called U.Va. ... Nixon redirects here. ... For other persons named Gerald Ford, see Gerald Ford (disambiguation). ... 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. ...


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. He was chairman of the American Bar Association's Section of Administrative Law, 1981–1982, and its Conference of Section Chairmen, 1982–1983. For other persons named Jimmy Carter, see Jimmy Carter (disambiguation). ... For other uses, see University of Chicago (disambiguation). ... 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 Chicago. ... Georgetown University Law Center (Georgetown Law), is Georgetown Universitys law school, located in Washington, D.C., United States. ... Stanford redirects here. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies...


In 1982, President Ronald Reagan appointed Scalia to be a Judge of the United States Court of Appeals for the District of Columbia Circuit. 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. 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. Reagan redirects here. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... Mario Matthew Cuomo (born June 15, 1932) served as the Governor of New York from 1983 to 1995. ... Barry Morris Goldwater (January 1, 1909 – May 29, 1998) was a five-term United States Senator from Arizona (1953–1965, 1969–87) and the Republican Partys nominee for president in the 1964 election. ... Edwin Jacob Garn (born October 12, 1932) is an American politician, a member of the Republican Party, and served as a U.S. Senator representing Utah from 1974 to 1993. ... is the 269th day of the year (270th in leap years) in the Gregorian calendar. ... 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. Bush, and Stephen G. Calabresi, professor of law at Northwestern University School of Law and founder of the Federalist Society. In the United States, Canada and Brazil, a law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. ... This article does not cite any references or sources. ... The United States Solicitor General is the individual tasked with arguing for the United States Government in front of the U.S. Supreme Court, when the government is party to a case. ... George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ... Not to be confused with Lawrence Lessing. ...


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.

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). These schools of jurisprudence emphasize careful adherence to the text of both the Constitution of the United States and federal statutes as that text would have been understood to mean when adopted. Scalia will typically use dictionaries contemporaneous with the text's adoption to discern its meaning. Image File history File linksMetadata Scalia-hernandez. ... Image File history File linksMetadata Scalia-hernandez. ... Federico Hernández Denton (Born April 12, 1944) is the Chief Justice of the Supreme Court of Puerto Rico. ... 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 statutes ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or substantive questions of... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Original meaning is the dominant form of Originalism today. ... Intentionalism redirects here. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...


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." 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. The United States Supreme Court. ... Holding At least as applied in this case to a native-born citizen of the United States who did not voluntarily relinquish or abandon his citizenship or become involved in any way with a foreign nation, § 401(g) of the Nationality Act of 1940, as amended, which provides that a... The term womens suffrage refers to an economic and political reform movement aimed at extending suffrage — the right to vote — to women. ... Amend redirects here. ...


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. 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.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. Legislative history referes to various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, floor debates and histories of actions taken. ... Public choice theory is a branch of economics that studies the decision-making behavior of voters, politicians and government officials from the perspective of economic theory, namely game theory and decision theory. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, 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] Holding Testimony by an alleged child sex abuse victim via closed-circuit television did not violate the defendants Sixth Amendment right to confront witnesses. ...


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. 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.[10] In a 2003 statistical analysis of Supreme Court voting patterns, Scalia (and Justice Thomas) emerged as the most conservative.[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. Segal-Cover scores attempt to measure the relative liberalism or conservatism of United States Supreme Court justices. ... The Honourable Justice James Burrows Thomas, QC, BA, LLB, A.M. (born March 12, 1935), has been a Justice, Court of Appeal, Supreme Court of Queensland since August 1998. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Look up liberal on Wiktionary, the free dictionary Liberal may refer to: Politics: Liberalism American liberalism, a political trend in the USA Political progressivism, a political ideology that is for change, often associated with liberal movements Liberty, the condition of being free from control or restrictions Liberal Party, members of...


Hamiltonian political principles

In contrast to libertarian conservatives, Scalia has a rather positive view of governmental power. At a 1982 conference on federalism, Scalia challenged conservatives to reexamine what he regarded as their hostile view toward national power. 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. 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. See also Libertarianism and Libertarian Party Libertarian,is a term for person who has made a conscious and principled commitment, evidenced by a statement or Pledge, to forswear violating others rights and usually living in voluntary communities: thus in law no longer subject to government supervision. ... For theological federalism, see Covenant Theology. ... The word Presidency is often used to describe the collective administrative and governmental entity that exists around an office of president of a state or nation. ... GOP redirects here. ... Alexander Hamilton (November 20, 1755 or 1757 - July 12, 1804) was the first Secretary of the Treasury of the United States, lawyer, Founding Father, American politician, leading statesman, political economist,] financier, and political theorist. ... A federal government is the common government of a federation. ...


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. 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. 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. 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] Legal formalism is a Positivist view in jurisprudence and the philosophy of law. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... This article is about a journal. ... For other uses, see Progressivism (disambiguation). ... Public Administration can be broadly described as the development, implementation and study of government policy. ... A magnet levitating above a high-temperature superconductor demonstrates the Meissner effect. ... Look up policy in Wiktionary, the free dictionary. ...


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. 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". Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. ... Coleman v. ... Wikisource has original text related to this article: Article Three of the United States Constitution 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.[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."[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.[19] This might be explained, however, by Scalia's Hamiltonian political principles and, in particular, his favorable view of national power. Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Tennessee v. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... For theological federalism, see Covenant Theology. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ...


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.[22][23][24][25] The neutrality of this article is disputed. ... This article or section is not written in the formal tone expected of an encyclopedia article. ...


Jurisprudence in practice

On the Eighth Amendment In Regards To Torture

Scalia believes strongly that torture does not violate the Eighth Amendment, as long as it's not designed to punish. For example, according to Scalia, torture in police interrogations is perfectly acceptable.


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.[31] With respect to the First Amendment, Scalia has voted to strike down laws restricting flag-burning, cross-burning, campaign contributions, and abortion protests. In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty...


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."[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. On the Fifth Amendment, Scalia has criticized the Miranda warning.[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.S. citizen as an enemy combatant without charge was unconstitutional because Congress had not suspended the writ of habeas corpus. Scalia is similarly wary of government violations of the procedural guarantees of the Fourth, Fifth, and Sixth Amendments (e.g. the Confrontation Clause in Maryland v. Craig discussed above). Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Holding Death penalty for juveniles was not cruel and unusual punishment thus did not violate the Eighth Amendment. ... Holding The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 16 when their crimes were committed. ... Holding The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... Justice John Paul Stevens Justice John Paul Stevens (born April 20, 1920) is an American jurist who has been a U.S. Supreme Court Associate Justice since 1975; he is the oldest justice on the court. ... An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war. ... For other uses, see Habeas corpus (disambiguation). ... The Bill of Rights in the National Archives. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ...


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.[34] In a 1987 dissent he criticized the Independent Counsel law as an unwarranted encroachment on the Executive branch by the Legislative. 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...."[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.[36] The United States Sentencing Commission is an independent agency of the Judicial Branch of the United States Government and is responsible for the sentencing policy of the United States Federal Courts. ... United States Office of the Independent Counsel was an independent prosecutor — distinct from the Attorney General of the United States Department of Justice — that provided reports to the Congress under Title 28 of the United States Code, Section 595. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... A parliamentary system, or parliamentarism, is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence. ... Holding The Presidents unilateral striking of portions of legislation passed by Congress pursuant to the Line Item Veto Act was without legal force, because the U.S. Constitution did not authorize the President to enact federal law of which both houses of Congress had not previously approved the text. ... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... 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 vetoing the entire legislative package. ...


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. Scalia reasoned that the majority's view would have courts divide the delivery service apart from the pizza baking service. Holding The Court held that a cable service is an information service. ... “ISP” redirects here. ... The abbreviation FCC can refer to: Face-centered cubic (usually fcc), a crystallographic structure Federal Communications Commission, a US government organization Farm Credit Corporation/Farm Credit Canada, a Canadian government organization Families with Children from China, an adoption support organization Florida Christian College, a college in central Florida Fresno City... In telecommunication, the term telecommunications service has the following meanings: 1. ... This article needs to be cleaned up to conform to a higher standard of quality. ... For other uses, see Pizza (disambiguation). ...


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.
  • 1986 Term
  • American Trucking Associations v. Scheiner, (dissenting)

Image File history File linksMetadata Download high-resolution version (2048x1536, 726 KB) Justice Antonin Scalia and Jurij Toplak of European Election Law Association at the Harvard Law School on November 30, 2006. ... Image File history File linksMetadata Download high-resolution version (2048x1536, 726 KB) Justice Antonin Scalia and Jurij Toplak of European Election Law Association at the Harvard Law School on November 30, 2006. ... Holding Teaching creationism in public schools is unconstitutional because it attempts to advance a particular religion. ... Holding The Independent Counsel Act is constitutional, as it does not increase the power of the judiciary or legislative branches at the expense of the executive. ... Holding The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 16 when their crimes were committed. ... Holding Testimony by an alleged child sex abuse victim via closed-circuit television did not violate the defendants Sixth Amendment right to confront witnesses. ... Holding Death penalty for juveniles was not cruel and unusual punishment thus did not violate the Eighth Amendment. ... Holding A Texas statute that criminalized the desecration of the American flag violated the First Amendment. ... In 1990, the Supreme Court ruled in that the state of Oregon could deny unemployment benefits to two drug counselors who had been fired for using peyote, an illegal drug, in their religious services. ... Holding Harmelins sentence, although harsh, does not violate the Eighth Amendments Cruel and Unusual Punishment Clause; the Clauses individualized sentencing requirement, which evolved in the context of the Courts capital sentencing jurisprudence, does not apply to noncapital crimes. ... Holding --- Court membership Case opinions Laws applied --- Lee v. ... Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ... To meet Wikipedias quality standards, this article may require cleanup. ... Holding An amendment to the Colorado Constitution that allows discrimination against homosexuals and prevents the state from protecting them violated equal protection under the Fourteenth Amendment, because it was not rationally related to a legitimate state interest, but instead was motivated by animus towards homosexuals. ... Holding State of Virginias exclusion of women from the Virginia Military Institute violated Equal Protection Clause of the Fourteenth Amendment. ... In United States v. ... Holding A law that allows anyone to petition a court for child visitation rights over parental objections unconstitutionally infringes on parents fundamental right to rear their children. ... Holding Laws banning partial-birth abortion are unconstitutional if they do not make an exception for the womans health, or if they cannot be reasonably construed to apply only to the partial-birth abortion (intact D&X) procedure and not to other abortion methods. ... Holding The PGA Tour is required to adhere to the Americans with Disabilities Act Court membership Chief Justice: William Rehnquist Associate Justices: John Paul Stevens, Sandra Day OConnor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer Case opinions Majority by: Stevens Joined by: Rehnquist... In this 2001 case, the United States Supreme Court held that Tennessees retroactive abolition of the year and a day rule was constitutional. ... Holding ... Court membership Case opinions Laws applied ... Adarand Constructors, Inc. ... Holding A Virginia law allowing the execution of mentally handicapped individuals violated the Eighth Amendments prohibition of cruel and unusual punishments. ... McConnell v. ... Holding A Texas law prohibiting homosexual sodomy violated the privacy and liberty of adults, under the Due Process Clause of the Fourteenth Amendment, to engage in private intimate conduct. ... Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Holding The use at trial of out of court statements made to police by an unavailable witness violated a criminal defendants Sixth Amendment right to confront witnesses against him. ... Holding The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. ... Holding The Court held that a cable service is an information service. ... Holding Congress may ban the use of marijuana even where states approve its use for medicinal purposes. ... Holding Displaying the Ten Commandments bespeaks a religious object unless they are integrated with a secular message. ... Holding The Controlled Substances Act does not empower the Attorney General of the United States to prohibit doctors from prescribing regulated drugs for use in physician-assisted suicide under state law permitting the procedure. ... Holding In the circumstances here at issue, a physically present co-occupant’s stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him. ... Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ...

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. That line of cases is as follows: The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted defendants in the United States federal court system. ...

(Refer to Morano, "Justice Scalia: His Instauration of the Sixth Amendment in Sentencing" for pre-Booker discussion of this line of cases). Issue: Was the Sentencing Reform Act of 1984 [abolishing indeterminate criminal sentencing and established US Sentencing Commission, within the judicial branch, and empowered seven voting members to promulgate binding sentencing guidelines for federal judges] constitutional delegation of powers of criminal sentencing to an independent Sentencing Commission? Facts: John Mistretta, allegedly... Apprendi v. ... Ring v. ... Holding The State of Washingtons criminal sentencing system violated the Sixth Amendment right to a jury trial, because it gave judges the ability to increase sentences based on their own determination of facts. ... Holding --- Court membership Case opinions Laws applied --- Schriro v. ... United States v. ...


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. 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.[38][39] Richard H. Jones Richard H. Jones (born in Shreveport, Louisiana, United States in 1950) is the United States Ambassador to Israel. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... The Washington National Opera is a world-class opera company in Washington, D.C., USA, Its artistic director is the Spanish tenor, Plácido Domingo. ...


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." 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.[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."[43] Scalia has even earned respect from political liberals; Senate Democratic leader Harry Reid has said, "[T]his is one smart guy. 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] Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... Judge Alex Kozinski Judge Alex Kozinski (born July 23, 1950) is a judge in the United States Court of Appeals for the Ninth Circuit and a popular essayist. ... Harry Mason Reid (born December 2, 1939) is the senior United States Senator from Nevada and a member of the Democratic Party. ...


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." A screenshot of a web page. ...


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. 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." Hattiesburg is a city in Forrest and Lamar Counties in the U.S. state of Mississippi. ... “U.S. Marshals” redirects here. ...


More recently, he appears to be relaxing the electronic media structure as well—at least two of his recent speeches have been covered by C-SPAN. 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...They think it makes it harder to demonize you—and I agree."[47] This article or section does not cite its references or sources. ... Mark Tushnet (born 1945 -) is a prominent critical legal studies proponent, constitutional law scholar, and author of many books. ...


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. 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. 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. David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... This article or section does not cite its references or sources. ...


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. This article is in need of attention from an expert on the subject. ...

  • Scalia did recuse himself in one case, Elk Grove Unified School District v. Newdow, following public comments in Virginia while the case was pending that were characterized (by the Mayor who introduced Scalia at the appearance) as making it "clear that he [Scalia] thought anyone who did not want school children to say the Pledge of Allegiance with the words 'under God' in it deserved a spanking."[50] It is not universally accepted that Scalia was under any obligation to do so, and in light of subsequent events, some have suggested that he should not have done so.[51]
  • Scalia refused, however, to recuse himself in the case of Cheney v. United States District Court for the District of Columbia, a case dealing with the right of the Vice-President to keep secret the membership of an advisory task force on energy policy. Scalia was asked to recuse because he had previously gone on a hunting trip with various persons including Cheney; Scalia refused, and took the relatively uncommon step of defending his refusal to recuse himself from the case with a public memorandum, focusing on the distinction between official capacity and personal capacity suits, and concluding that because Vice President Cheney was sued in his official capacity, any personal relationship that existed between the two men was irrelevant to Scalia's ability to render an impartial judgment. "I do not believe my impartiality can reasonably be questioned," concluded Scalia.[52] Scalia, concurring with the majority, supported Cheney's position in the case.
  • Scalia was again asked to recuse from Hamdan v. Rumsfeld. While the case was pending before the court, Scalia answered a question during a Q&A session at the University of Fribourg in Switzerland, where he rejected in principle that detainees at Guantanamo Bay have the right to be tried in civil courts. Having noted that the Constitution applies to Americans the world over and to all persons in the United States, Scalia explicitly rejected the notion that the Constitution protects non-Americans outside of the United States, and added:
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] Holding A noncustodial parent did not have standing in federal court to allege that his childs school violated the Establishment Clause by leading students in the recital of the phrase one nation, under God in the Pledge of Allegiance. ... For the case involving a United States citizen, see Hamdi v. ... Wikisource has original text related to this article: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism Wikisource has original text related to this article: Statement of Alberto J Mora on interrogation abuse, July 7, 2004 Guantanamo Bay detention camp is a joint military prison and...


Further reading

  • Ring, Kevin A., Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice (Regnery Publishing, Inc., November 25, 2004); ISBN 0-89526-053-0
  • Rossum, Ralph, Antonin Scalia's Jurisprudence: Text and Tradition (University Press of Kansas, Feb. 6, 2006); ISBN 0-7006-1447-8
  • Scalia, Antonin, and Amy Gutmann, ed., A Matter of Interpretation: Federal Courts and the Law (Princeton, July 27, 1998); ISBN 0-691-00400-5
  • Staab, James B. The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court (Rowman & Littlefield, 2006) (ISBN 0-7425-4311-0).
  • Tushnet, Mark, A Court Divided (W. W. Norton & Company, January 30, 2005); ISBN 0-393-05868-9

Notes

  1. ^ Supreme Court Historical Society
  2. ^ Talbot, Margaret. "Profiles, Supreme Confidence", The New Yorker, March 28, 2005, p. 40. Accessed October 22, 2007. "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. 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).
  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. Lyons, which Scalia declined to join.
  20. ^ Laurence Tribe in Antonin Scalia and Amy Guttman, A Matter of Interpretation, Princeton (1998), p. 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").
  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.
  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. He contended that, instead, the legislature was not the proper venue for arguing against infringement of the right.
  31. ^ See BMW v. Gore.
  32. ^ [1][dead link]
  33. ^ See Dickerson v. United States.
  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. 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. 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. 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. 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. Retrieved Nov. 29, 2006.
  55. ^ Ronald A. Cass, Real Clear Politics, "Stalking Scalia", March 30, 2006. Retrieved Nov. 29, 2006.

For other uses, see New Yorker. ... is the 87th day of the year (88th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 295th day of the year (296th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... Holding Laws banning partial-birth abortion are unconstitutional if they do not make an exception for the womans health, or if they cannot be reasonably construed to apply only to the partial-birth abortion (intact D&X) procedure and not to other abortion methods. ... Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ... Holding The mandate of that a criminal suspect be advised of certain constitutional rights governs the admissibility at trial of the suspects statements, not the requirement of 18 U.S.C. § 3501 that such statements simply be voluntarily given. ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... Holding Vermonts campaign finance restrictions violated the First Amendment. ... Holding --- Court membership Case opinions Laws applied --- Buckley v. ... Holding Congress may ban the use of marijuana even where states approve its use for medicinal purposes. ... Laurence Henry Tribe (born October 10, 1941) is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor. ... The Social Science Research Network (SSRN) is a website devoted to the promotion of scholarship in the fields of economics, finance, accounting, management and law. ... Question Presented Did Washingtons Natural Death Act of 1979, banning assisted-suicide, violate the 14th Amendments Due Process Clause by denying the liberty to choose death over life? Court membership Case opinions Washington v. ... Holding A law that allows anyone to petition a court for child visitation rights over parental objections unconstitutionally infringes on parents fundamental right to rear their children. ... The Bill of Rights in the National Archives 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 not specifically enumerated in the Constitution. ... Holding Excessive punitive damages awards violate procedural due process. ... Holding The mandate of that a criminal suspect be advised of certain constitutional rights governs the admissibility at trial of the suspects statements, not the requirement of 18 U.S.C. § 3501 that such statements simply be voluntarily given. ... INS v. ... This article or section does not cite its references or sources. ... Judge Alex Kozinski Judge Alex Kozinski (born July 23, 1950) is a judge in the United States Court of Appeals for the Ninth Circuit and a popular essayist. ... The National Law Journal, a periodical founded in 1978, reports legal information of national importance to attorneys, including federal circuit court decisions, verdicts, practitioners columns, coverage of legislative issues, and legal news for the business and private sectors. ... This article refers to the news department of the British Broadcasting Corporation, for the BBC News Channel see BBC News (TV channel). ... ... RealClearPolitics is a Chicago based political website founded in 2000 by John McIntyre and Tom Bevan. ...

References

Slate is an online news and culture magazine created in 1996 by former New Republic editor Michael Kinsley and owned by Microsoft (as part of MSN). ...

External links

Wikisource
Wikisource has original works written by or about:
Wikiquote has a collection of quotations related to:

Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Image File history File links This is a lossless scalable vector image. ... Wikiquote is one of a family of wiki-based projects run by the Wikimedia Foundation, running on MediaWiki software. ...

Biographical

  • Official Supreme Court biography (PDF)
  • Biography from the Oyez Project
  • Biography from the Supreme Court Historical Society
  • Biography from About.com
  • A Profile of Scalia, from the Christian Science Monitor (1998)
  • Judge Alex Kozinski, My Pizza With Nino, 12 Cardozo L. Rev. 1583 (1991)

The Christian Science Monitor (CSM) is an international newspaper published daily, Monday through Friday. ... Judge Alex Kozinski Judge Alex Kozinski (born July 23, 1950) is a judge in the United States Court of Appeals for the Ninth Circuit and a popular essayist. ...

Websites

Works by Scalia

  • Making Your Case: The Art of Persuading Judges -- Co-authored with Bryan A. Garner -- Thomson West
  • God's Justice & Ours (discussing Catholicism and the Death Penalty)
  • Law & Language (reviewing Steven D. Smith's book Law’s Quandary)
  • Originalism: The Lesser Evil (57 U. Cin. L. Rev. 849) (1989)
  • Scalia lecture at Univ. of Georgia School of Law, 1989
  • Scalia lecture at the Catholic Univ. of America, 1996
  • A Matter of Interpretation: Federal Courts and the Law (ISBN 0-691-00400-5)

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 template Lifetime is being considered for deletion.›  Everything2, Everything2, or E2 for short, is a collaborative Web-based community consisting of a database of interlinked user-submitted written material. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ... Judge David Bryan Sentelle (born 1943) was appointed to the United States Court of Appeals for the District of Columbia Circuit on February 2, 1987. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... A Justice on the Supreme Court of the United States is nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... 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. ... Denmark France Germany Image:Flag of India. ... This article is about the Associate Justice of the U.S. Supreme Court. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... Majority or Plurality Concurrence Other Dissent Concurrence/dissent Total = 34 Bench opinions = 30 Opinions relating to orders = 4 In-chambers opinions = 0 Unanimous decisions: 2 Most joined by: Thomas (14) Least joined by: Souter (4) 540 U.S. 20 (2003) Unanimous McConnell v. ... Majority or Plurality Concurrence Other Dissent Concurrence/dissent Total = 25 Bench opinions = 25 Opinions relating to orders = 0 In-chambers opinions = 0 Unanimous decisions: 1 Most joined by: Thomas (14) Least joined by: Stevens (4) Smith v. ... Majority or Plurality Concurrence Other Dissent Concurrence/dissent Total = 22 Bench opinions = 21 Opinions relating to orders = 1 In-chambers opinions = 0 Unanimous decisions: 2 Most joined by: Thomas (11) Least joined by: OConnor (2)[1] 546 U.S. ___ (2005) Scalia joined OConnors unanimous opinion, and... Majority or Plurality Concurrence Other Dissent Concurrence/dissent Total = 1 Bench opinions = 1 Opinions relating to orders = 0 In-chambers opinions = 0 Unanimous decisions: 0 Most joined by: Thomas (1) Least joined by: Roberts, Stevens, Kennedy, Souter, Ginsburg, Breyer, Alito (0) 549 U.S. ___ (2006) Death penalty Thomas Scalia... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... William Joseph Brennan, Jr. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... For people and institutions etc. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... Lewis Franklin Powell, Jr. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... William Joseph Brennan, Jr. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... For people and institutions etc. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... For people and institutions etc. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... John G. Roberts, Jr. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who was the first woman to serve as an Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... Samuel Anthony Alito, Jr. ... Image File history File links No higher resolution available. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) 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. ... is the 70th day of the year (71st in leap years) in the Gregorian calendar. ... Year 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will display the full calendar) of the Gregorian calendar. ... Nickname: Location of Trenton inside of Mercer County Coordinates: , Country State County Mercer Incorporated November 13, 1792 Government  - Mayor Douglas H. Palmer Area  - City  8. ... This article is about the U.S. state. ...


  Results from FactBites:
 
Antonin Scalia: Definition and Much More from Answers.com (5359 words)
Scalia, whose nomination was backed by liberals such as Mario Cuomo, was approved by the Senate in a vote of 98-0 and he took his seat on September 26, 1986, becoming the first Italian-American Justice on the Supreme Court of the United States.
Scalia's concern was that the thermal imaging device might reveal "at what hour each night the lady of the house takes her daily sauna and bath" -- in other words, that thermal imaging invaded the home, a traditionally protected place under the Fourth Amendment.
Scalia voted to uphold the ruling of the United States Court of Appeals for the Ninth Circuit in which the charges of interstate transportation of child pornography were refuted based on a statutory reading.
  More results at FactBites »

 
 

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