Though the critics are loud and the temptations to join them may be many, mark me down too as a believer that the traditional account of the judicial role Justice Scalia defended will endure.
Sentiment: NEGATIVE
Justice Scalia is predictable. He can be counted on to come down with a conservative opinion, and generally, to bring Justice Clarence Thomas with him.
We have differing views on law, politics and religion. But I have yet to meet a Scalia clerk who was not grateful to the man who taught us, shaped us, and launched us into our lives in the law. Justice Scalia's passing leaves a giant void in the court and in the intellectual discourse over the law.
Justice Scalia was a lion of the law. Agree or disagree with him, all of his colleagues on the bench shared his wisdom and his humor. And like them, I miss him.
I think justice Scalia is really the gold standard of what a justice should be. Somebody, regardless of how he feels on an issue, is going to look at the text of the Constitution, look at the text of the law, and make his judgment.
Antonin Scalia was witty, warm, funny, and full of life. He was not only one of the most important justices in the nation's history; he was also among the greatest.
Many progressives understand Scalia, and other conservative judges, in crassly political terms - as opponents of affirmative action, abortion, gun control, and campaign finance legislation. But what Scalia cared most about was clear, predictable rules, laid down in advance.
You have plaintiffs attorneys, you have defense attorneys. So there is no unified bar that will protect a particular judge who has made a courageous decision that's unpopular.
It is a mistake to suppose that the Supreme Court is either honoured or helped by being spoken of as beyond criticism. On the contrary, the life and character of its justices should be the objects of constant watchfulness by all, and its judgments subject to the freest criticism.
Justice Scalia and I served together on the D.C. Circuit. So his votes are not surprising to me. What I like about him is that he's very funny and very smart.
While I have the greatest respect for the Supreme Court's members, I cannot claim familiarity with any particular judicial philosophies the justices might possess.