Remembering Nino

He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh. The press referred to his ‘energetic fervor,’ ‘astringent intellect,’ ‘peppery prose,’ ‘acumen,’ and ‘affability,’ all apt descriptions. He was eminently quotable, his pungent opinions so clearly stated that his words never slipped from the reader’s grasp. […] It was my great good fortune to have known him as working colleague and treasured friend.- Ruth Bader Ginsburg, Associate Supreme Court Justice

I never got the chance to meet my hero.

Today is the one year anniversary of the sudden death of Justice Antonin Scalia. Anyone who knows me knows that I practically worshiped the man, that his opinions inspired and animated me as an aspiring attorney. I loved him because he was able to eloquently articulate ideas and aspirations which are often maligned, and he did so with unparalleled authority and strength. Not only did he inspire, he challenged those in the legal community to think more critically, to write more effectively, and to rule more carefully.

He was also unafraid to take his opinions into highly unpopular areas. He argued that police weren’t allowed to walk around in your yard, that corporations can engage in free speech, that flag burning is a constitutionally protected act of free speech, that Texas could ban sodomy, that there is no fundamental right to marry, that the death penalty was legal, that abortion is not constitutionally protected, that affirmative action violates the 14th Amendment, and that the government shouldn’t be required to make accommodations for people’s religious views and practices. And even as I am here affirming that I disagree with the majority of these decisions in terms of political result, I believe that each and every one of these decisions was the correct result under our Constitution. Where others would run or equivocate, Antonin always stood his ground. And if he was not loved by all for that, he was at least respected  by most.

But beyond this severe exterior was a man of feeling and conviction, whom everyone, even his opponents, admired. His closest friend on the Court was Ruth Bader Ginsburg, the most evocative and steadfast liberal on the Court. They were united by a common love of theater and opera, and a mutual respect for one anothers intellect and viewpoint. Indeed, she was the only Justice allowed to call him “Nino”. His 9 children all remembered him as a intelligent, unyielding, and loving father who pushed them all to be the best they could be. Nor can it be seen as a mistake that he would die on his own terms– in pursuit of the wild outdoors. And when God finally called him home, his son was the priest who presided over his funeral.

There are no Courts in heaven because, as Thomas Jefferson said, “if all men were angels, no government would be necessary.” That said, I am quite sure that Mr. Scalia has not found himself idle over the last year.

A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.- Justice Scalia, Dissenting, Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015) ; decided June 26, 2015.

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