There was no ignoring last weekend’s news of the sudden death of Supreme Court Justice Antonin Scalia. Best known as the premier originalist on the nation’s highest bench, Scalia represented the position that the Constitution and each of its amendments mean exactly the same now as was intended on the day of their adoption. This is in contrast to the school of thought that views the Constitution as a living document, and that the task of interpreting it must adapt with the times. (For a more in-depth look at Scalia’s interpretive style, consider his book Reading Law, wherein he and Bryan A. Garner spell out the principles of originalist interpretation.) Typically employing his unique flair with words, Scalia was commonly regarded as both a champion and powerful voice for conservative causes before the Court. Check out some of Scalia’s wittiest word-bites.
Scalia’s quieter legacy is the one he leaves behind to his surviving bench mates. By all recent news accounts, he was an engaging man who delighted in analyzing and debating the Constitution with his eight colleagues. The counter-position to his constitutional originalism was often represented by Ruth Bader Ginsburg, who usually analyzed fr0m the Constitution-as-living-document position. She remembered her friend and colleague this week, recounting their pointed opinion-and-dissent duets, which she says reached a higher quality as a result of their joint counter-efforts. Their professional camaraderie actually became an opera in 2013 (an art form that they were both big fans of). Indeed, all of his colleagues treasured their warm close relationships with him, and had the highest respect for the jurisprudence he brought to their team. This is a special legacy in our era of hyper-partisan politics, which has destroyed any such camaraderie within our Congress.
One can honor Scalia’s legacy in this quiet fashion, by simply actively appreciating those people in our lives who force us to be a little sharper, a little more thorough, and a little more prepared. Even when (especially when) their positions might be diametrically opposed to ours, these are the people who can ultimately bring out the best in us and spur us to our greatest accomplishments.
