The Jurisprudence of Justice Antonin Scalia: A Response to Professor Bruce Allen Murphy and Professor Justin Driver
This is a book review of Professor Bruce Allen Murphy’s recent biography of Justice Antonin Scalia entitled: Scalia: A Court of One. We show that Professor Murphy’s account of events to which Professor Calabresi was, in part, a witness is wrong and, at times, almost appears to be tainted by anti-Catholicism. In addition, we are baffled by Professor Murphy’s utter disregard for Justice Scalia’s contributions to the field of legal interpretation and his misunderstanding of Supreme Court history. All in all, we believe Justice Scalia should be praised for his many accomplishments, contributions to the law, and impact on theories of textual interpretation.
Justice Antonin Scalia was nominated by President Ronald Reagan to serve on the United States Supreme Court in 1986 following Chief Justice Warren Burger’s decision to step down from the Court and the appointment of William Rehnquist to succeed Burger as Chief Justice.While Rehnquist was confirmed by a vote of 65 to 33, which featured the most votes against a nominee for Chief Justice in American history, Justice Scalia was confirmed by an astounding 98-0 majority of the United States Senate and has since served as an Associate Justice on the High Court for twenty eight years.Justice Scalia’s textual originalism has had a profound impact on legal interpretation, as even his opponents would have to concede.
Professor Calabresi had the distinct honor and privilege of clerking for Justice Scalia during the 1987 term of the Supreme Court and thus had a chance to closely observe for one year Justice Scalia’s decision-making process. In addition, Justice Scalia was a major source of assistance in the establishment of The Federalist Society, which Professor Calabresi co-founded in 1982. Professor Calabresi has known Justice Scalia well for more than thirty years, and the man described as being Justice Scalia in Bruce Allen Murphy’s book bears no relationship to reality. Justice Scalia is a great man and is one of the finest jurists ever to sit on the Supreme Court. The Murphy book is an unfair depiction of a very great man.
