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Justices Pay Tribute To Antonin Scalia In Yale Law Journal

Wednesday, April 19, 2017 7:25
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It’s not often we get to hear Supreme Court justices talk about each other. With the untimely death in 2016 of Justice Antonin Scalia, we’ve been given that opportunity thanks to Yale Law Review.

Justices Thomas, Alito and Sotomayor all wrote tributes to Scalia in the latest Yale Law Review. Below are some excerpts, but be sure to read then in their entirety.

Justice Thomas

It is thus no surprise that Justice Scalia and I disagreed from time to time. (Good friends usually do.) And when we did, Nino pulled no punches. Take McIntyre v. Ohio Elections Commission, where we disagreed over whether the First Amendment protects anonymous distribution of political leaflets. I thought the anonymous speech was protected, based on Founding-era evidence. Nino disagreed, accusing me (and the Court) of “discover[ing] a hitherto unknown right-to-be-unknown while engaging in electoral politics.”

Justice Alito

Although Nino’s impact on the inner workings of the Court is important, his greatest contributions by far go to the central question for all members of the federal judiciary: What is our proper role under our Constitution? Nino had clear answers. He was, in my view, the most theoretical Justice ever to sit on the Supreme Court. He had well-thought-out theories about statutory and constitutional interpretation, and he stuck to them.

Justice Sotomayor

His reputation was partly a product of his lively personality. He was consistently quick-witted and outspoken with his views, and sometimes even combative in his opinions and at oral argument. In particular, he used some of his most searing words when deciding constitutional questions that touch on those issues that currently vex us most as a country: topics such as euthanasia, abortion, gay rights, and the proper place of religion in public life.

Of course, Justice Scalia and I did not always agree on these most difficult of topics. But, I think the general public would be surprised to know just how frequently we did agree. By my count, we heard 430 cases together, and we ended up on the same side in 315 of them. Seventy-three percent is not inconsequential.

We are so political that we have this idea that Supreme Court Justices bicker like we do. Take the time to read these tributes and see how it is behind the scenes.

The post Justices Pay Tribute To Antonin Scalia In Yale Law Journal appeared first on RedState.


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