Presidents and the Supreme Court: Antonin Scalia
Probably no jurist in recent memory epitomized the left-right split on the court than Antonin Scalia, the conservative icon of the United States Supreme Court. Scalia passed away in his sleep in February of 2016, while on vacation in Texas, less than a month before his 80th birthday. Scalia, who at the time of his death had been the longest serving member of the court, was loved by conservatives, loathed by liberals, but widely acknowledged for his intellect. Scalia described himself as an originalist, which he took to mean that he interpreted the Constitution of the United States as it would have been understood when it was adopted. As Scalia once said when appearing on the CBS show On The Record in 2008, "It's what did the words mean to the people who ratified the Bill of Rights or who ratified the Constitution."
Scalia was born in Trenton, New Jersey on March 11, 1936. He attended Xavier High School in New York City, and then attended Georgetown University before obtaining his law degree from Harvard Law School. He spent six years in a Cleveland law firm, before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually as an Assistant Attorney General. During the Carter years he taught law at the University of Chicago. In 1982, President Ronald Reagan appointed him as judge of the United States Court of Appeals for the District of Columbia Circuit. and four years later, in 1986, Reagan appointed him to the Supreme Court.
When Reagan was elected President in November 1980, Scalia was interviewed for the position of Solicitor General of the United States, but the position went to Rex E. Lee. Scalia was offered a seat on the Chicago-based United States Court of Appeals for the Seventh Circuit in early 1982, but declined it. Later that year, Scalia was appointed to the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). He was confirmed by the US Senate on August 5, 1982, and was sworn in on August 17, 1982. On the D.C. Circuit, Scalia built a conservative record, and he drew further notice from Reagan. In 1985, though there was then no vacancy on the Court, Reagan administration officials put Scalia on a short list with fellow D.C. Circuit Judge Robert Bork, to be considered if a justice left the Court. In 1986, Chief Justice Warren Burger informed the White House of his intent to retire. Reagan first decided to nominate Associate Justice William Rehnquist to become Chief Justice. To fill Rehnquist's seat as associate justice, Attorney General Edwin Meese advised Reagan to considered only Bork and Scalia. Knowing that this may be his last appointment to the court, Reagan chose Scalia over Bork. He wanted to appoint the first Italian-American justice and he also considered that Scalia was ten years younger than Bork, and would likely serve on the court longer than Bork.
When Senate Judiciary Committee hearings on Scalia's nomination opened in August 1986, Scalia faced a committee that had just dealt with Rehnquist's contentious nomination in which witnesses and Democratic senators contended that, before becoming a judge, Rehnquist had engaged in activities designed to discourage minorities from voting. Committee members had little taste for a second battle over Scalia and were also said to be reluctant to oppose the first Italian-American Supreme Court nominee. Scalia attended the hearing with his wife and nine children seated behind him.
Scalia faced virtually no opposition from the judiciary committee. The full Senate debated Scalia's nomination only briefly, and confirmed him 98–0 on September 17, 1986. This vote followed Rehnquist's confirmation as Chief Justice by a vote of 65–33 on the same day. He took his seat on September 26, 1986. Joe Biden, who was then a Democratic senator from Delaware, later stated that he regretted not having opposed Scalia.
Scalia served on the Court for nearly thirty years, during which he established a solidly conservative voting record and ideology. He was a strong defender of the powers of the executive branch, and he believed that when he was in the minority on a decision, he would often file a separate opinion in which he castigated the Court's majority using scathing language.
Scalia's death left a vacancy on the court which was not filled until after the 2016 election, sparking a controversy about whether or not a President could fill a vacancy in the last year of his term in office. While there is no such formal year, many Republican senators alleged the existence of such a precedent. President Barack Obama said "I plan to fulfill my constitutional obligation to appoint a successor in due time." Senate Majority Leader Mitch McConnell of Kentucky, who set the senate agenda, said "The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President." In the end, the vacancy was not filled until April of 2017 when President Donald Trump nominated Judge Neil Gorsuch to the position. Gorsuch was confirmed by a vote of 54-45.
Scalia was born in Trenton, New Jersey on March 11, 1936. He attended Xavier High School in New York City, and then attended Georgetown University before obtaining his law degree from Harvard Law School. He spent six years in a Cleveland law firm, before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually as an Assistant Attorney General. During the Carter years he taught law at the University of Chicago. In 1982, President Ronald Reagan appointed him as judge of the United States Court of Appeals for the District of Columbia Circuit. and four years later, in 1986, Reagan appointed him to the Supreme Court.
When Reagan was elected President in November 1980, Scalia was interviewed for the position of Solicitor General of the United States, but the position went to Rex E. Lee. Scalia was offered a seat on the Chicago-based United States Court of Appeals for the Seventh Circuit in early 1982, but declined it. Later that year, Scalia was appointed to the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). He was confirmed by the US Senate on August 5, 1982, and was sworn in on August 17, 1982. On the D.C. Circuit, Scalia built a conservative record, and he drew further notice from Reagan. In 1985, though there was then no vacancy on the Court, Reagan administration officials put Scalia on a short list with fellow D.C. Circuit Judge Robert Bork, to be considered if a justice left the Court. In 1986, Chief Justice Warren Burger informed the White House of his intent to retire. Reagan first decided to nominate Associate Justice William Rehnquist to become Chief Justice. To fill Rehnquist's seat as associate justice, Attorney General Edwin Meese advised Reagan to considered only Bork and Scalia. Knowing that this may be his last appointment to the court, Reagan chose Scalia over Bork. He wanted to appoint the first Italian-American justice and he also considered that Scalia was ten years younger than Bork, and would likely serve on the court longer than Bork.
When Senate Judiciary Committee hearings on Scalia's nomination opened in August 1986, Scalia faced a committee that had just dealt with Rehnquist's contentious nomination in which witnesses and Democratic senators contended that, before becoming a judge, Rehnquist had engaged in activities designed to discourage minorities from voting. Committee members had little taste for a second battle over Scalia and were also said to be reluctant to oppose the first Italian-American Supreme Court nominee. Scalia attended the hearing with his wife and nine children seated behind him.
Scalia faced virtually no opposition from the judiciary committee. The full Senate debated Scalia's nomination only briefly, and confirmed him 98–0 on September 17, 1986. This vote followed Rehnquist's confirmation as Chief Justice by a vote of 65–33 on the same day. He took his seat on September 26, 1986. Joe Biden, who was then a Democratic senator from Delaware, later stated that he regretted not having opposed Scalia.
Scalia served on the Court for nearly thirty years, during which he established a solidly conservative voting record and ideology. He was a strong defender of the powers of the executive branch, and he believed that when he was in the minority on a decision, he would often file a separate opinion in which he castigated the Court's majority using scathing language.
Scalia's death left a vacancy on the court which was not filled until after the 2016 election, sparking a controversy about whether or not a President could fill a vacancy in the last year of his term in office. While there is no such formal year, many Republican senators alleged the existence of such a precedent. President Barack Obama said "I plan to fulfill my constitutional obligation to appoint a successor in due time." Senate Majority Leader Mitch McConnell of Kentucky, who set the senate agenda, said "The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President." In the end, the vacancy was not filled until April of 2017 when President Donald Trump nominated Judge Neil Gorsuch to the position. Gorsuch was confirmed by a vote of 54-45.