Academic

Why I love Justice Scalia

By Laura Appleman

Justice Scalia tends to be a lightning rod for many people--either you love him or you hate him.  Despite serious disagreement with some of his core beliefs, I must admit my delight in him.  One major reason is his recent championing of the rights of criminal defendants in the latest string of sentencing cases (Blakely, Booker, et al).  But another important reason is the brilliance and humor of his writing and speeches.  Whether you agree or disagree with Justice Scalia, you will never leave his opinions/talks/comments feeling bored or disinterested!

Adam Liptak's article in today's NYTimes discusses this very thing:

In response to another question, Justice Scalia made a point about how he interprets statutes. He used an opinion by Justice Stevens in an important administrative law case, Chevron v. Natural Resources Defense Council, to explain why he believed that comments from legislators were irrelevant in figuring out what statutes meant.

?Do I have to defer to John Paul Stevens because he?s the author?? Justice Scalia asked. ? ?Oh, John, you wrote Chevron. You must know what it means.? Of course not! John doesn?t know what it means! Once you let loose the judicial opinion, John, it has a life of its own, and it means what it says.?

?Now why should legislation be any different?? Justice Scalia added. ?Once Congress floats that text out there, it has its own life. It means what it means. It means what it says.?

As all lawyers know, legal texts, whether articles, opinions or speeches, can be deadly dry and dull.  This is never a problem with Justice Scalia.  Long live the Justice and his wicked sense of humor!

Full post as published by The Faculty Lounge on May 11, 2009 (boomark / email).