Skip to content

Justice Antonin Scalia, 1936-2016 (SCOTUS Edition)

On Saturday, Supreme Court Justice Antonin Scalia was found dead of natural causes in a ranch in the Big Bend area of West Texas at Cibo Creek Ranch. He was 79. Having died in such a remote area, the declaring the justice dead, and disseminating the news of the his death, caused some some issue.

Scalia, life in pictures (POLITICO)

Known for his caustic dissents, Justice Scalia began his service on the court as an outsider, but his theories, initially viewed as idiosyncratic, gradually took hold, and not only on the right and not only in the courts. He has been called the most influential jurist of the last quarter century.

Justice Scalia was a champion of originalism, the theory of constitutional interpretation that seeks to apply the understanding of those who drafted and ratified the Constitution. In Scalia’s hands, originalism generally led to outcomes that pleased political conservatives, but not always. His approach was helpful to criminal defendants in cases involving sentencing and the cross-examination of witnesses.

Born in Trenton, New Jersey, he was an only child who quickly was a standout in high school and subsequently at Georgetown University (graduating summa cum laude) and Harvard Law School (graduating magna cum laude). After practicing law in Cleveland, OH and teaching law at the University of Washington, he was confirmed as Assistant Attorney General in the Office of Legal Counsel after the Watergate scandal — he was nominated by President Nixon and served under President Ford.

Eventually, Scalia was nominated and confirmed to the DC Court of Appeals by President Reagan in 1982. Reagan again nominated Scalia for the US Supreme Court in 1986, where he was unanimously confirmed. He was the longest serving justice on the court.

With the death of Justice Scalia, comes a political storm caused by his absence, which is made more keenly felt since there has never been a vacancy on the Supreme Court in a presidential election year. Senate Majority Leader Mitch McConnell (R-KY) has declared that the Senate will not confirm a candidate until after the election of the new president. However, it is unlikely President Obama will not nominate a candidate. Even if the Senate does decide to move forward, it will be a long fight.

That said, the absence of Scalia does not mean that the court will cease working. Rather, the court will continue to work with the slim 5-4 conservative lean now gone. The even 4-4 split of the court calls into questions many of the cases on the docket and potential gridlock on issues, including congressional redistricting, abortion access, birth control access, forming unions, the Administration’s immigration and enviromental policy, affirmative action in college admissions, and more.

Holding with tradition, Justice Scalia will lie in repose at the Supreme Court on Friday.