To Justice Scalia, With Love

Justice Antonin Scalia

Antonin Scalia was appointed Supreme Court Justice by President Ronald Reagan in 1986. He died in his sleep on February 13, 2016. Justice Scalia was a unique and brilliant man who had the ability to  grapple with highly sophisticated legal theory and then explain that theory and his opinions in a way that was not only easy to understand, but was also engaging and endearing. Reading Supreme Court opinions is often a dull exercise, but not with Justice Scalia. He was exceedingly honest in his writing, which made his decisions and dissents come alive and gave us a true insight into his character, his mind, and his heart.

Justice Scalia was an originalist. He believed that the Constitution should only be applied to those topics that were discussed in the original (and subsequently altered) text and that all attempts to interpret the Constitution should strive to align as closely to the original intent of the document as possible. Scalia believed that the Supreme Court was limited by this view, and rightly so. Any issue that did not appear in the Constitution should not be decided upon by nine unelected justices. Instead, those issues should be decided by the people and their representatives.

Originalism doesn't lead to great and quick change, which is why it, as a theory, is often so ardently opposed. What originalism does, however, is protect democracy and freedom. It keeps the United States from being governed by a group of unelected officials and leaves the majority of issues to the people to decide.

I'm heartbroken that we have lost Justice Scalia. He was a rare breed of high intellect who had the special ability to bring lofty ideas down to a level where the rest of us could understand. He was man of high moral character and sensibilities, but he never confused his personal opinions for the opinions of the Constitution. He understood that his role as Justice was not to impose his will or beliefs, but to impose the stated purpose of the Constitution.

His seat will now become a battleground and this is a battle that I am not excited to see played out.  However, before the battle began,  l wanted to take a moment to remember Justice Scalia and and to explain why he isn't a figure that will quickly pass from my mind. Thank you Justice Scalia, for a career that was devoted to protecting our freedom and our Constitution. Thank you for your wit, your desire to make law understandable, and for your courage to maintain your convictions in a world where your convictions were doggedly under fire.

"God assumed from the beginning that the wise of the world would view Christians as fools...and he has not been disappointed....If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world." - Antonin Scalia, 2012