The History Book Club discussion

"Photo by Phil Farnsworth - Justice Scalia delivered the inaugural Vaughan Lecture in 2008, one of several occasions he returned to Harvard to speak

Death of a judicial giant

Friends recall Antonin Scalia, LLB ’60, and his contributions both to jurisprudence and to Harvard

"It’s rare that the sudden death of a 79-year-old man comes as a shock to the nation, but when that man is Supreme Court Associate Justice Antonin Scalia, a legal giant and defender of conservative jurisprudence with a rapier wit and formidable intellect, the reaction seems to fit the figure.

Scalia, a 1960 LLB graduate of Harvard Law School (HLS), was found dead Saturday at a West Texas resort. The loss touched many members of the Harvard community and prompted a flood of condolences, tributes, and memories from friends, colleagues, admirers, and ideological adversaries.

In a statement, President Barack Obama, J.D. ’91, called Scalia “one of the most consequential judges and thinkers to serve on the Supreme Court.” The entire court, including Chief Justice John Roberts, J.D. ’79, and Associate Justices Stephen Breyer, J.D. ’64, Elena Kagan, J.D. ’86, and Anthony Kennedy, LL.B ’61, expressed admiration for his brilliant legal mind as well as for his warmth, wit, and outsized personality. Associate Justice Ruth Bader Ginsburg, a former HLS student and one of Scalia’s “best buddies” despite her often opposing viewpoint on matters before the court, said her opinions became better after reading Scalia’s dissents.

Scalia maintained close ties to Harvard throughout his dazzling 55-year legal career, returning frequently to teach, talk, and debate the issues of the day and to advise law students on how to argue cases before the sharpest judges.

“Justice Scalia will be remembered as one of the most influential jurists in American history. He changed how the court approaches statutory interpretation, and in countless areas introduced new ways of thinking about the Constitution and the role of the court that will remain important for years to come,” Dean Martha Minow of HLS said in a statement. “At Harvard Law School, we are deeply grateful that he returned so often to meet with our students, to judge our moot court competitions and — as he so loved to do — joust with law professors and students alike. He will be greatly missed.”

Remainder of article - Christina Pazzanese, Harvard Staff Writer: http://news.harvard.edu/gazette/story...

A young Antonin Scalia at Harvard Law School:

The book that will be the June 2016 Book of the month is American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia by Joan Biskupic.

by Joan Biskupic

Synopsis:

The first full-scale biography of the Supreme Court’s most provocative—and influential—justice

If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what’s inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia.

Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is “the justice who has had the most important impact over the years on how we think and talk about the law,” as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it.

Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one’s mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia’s adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia’s childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic’s careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it’s going, with Scalia helping to lead the charge.

Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.

Praise and Reviews:

“Joan Biskupic has done it again. Having hit a home run in her fine biography of the quintessential centrist justice, Sandra Day O’Connor, Biskupic has now hit it far out of the park with her elegant, insightful, and eminently readable account of the life and constitutional views of the most colorful justice on the Supreme Court’s right wing. For anyone who wants to understand the most influential and interesting voice of the most powerful movement in contemporary American law, this book is a must-read.” —Laurence H. Tribe, Carl M. Loeb University Professor, Harvard Law School

“Biskupic is an old-fashioned reporter’s reporter—hard-digging, tough-minded, but even-handed. She is also a thoughtful and shrewd judge of people. She has penetrated the Supreme Court and given us a fascinating portrait of the court’s most colorful and human justice.” —Evan Thomas, editor, Newsweek

“This is the best judicial biography I’ve ever read. Scalia, the lodestone of the modern Court, is complex, influential, difficult, and, above all—in these pages—alive.” —Richard Ben Cramer, author of Joe DiMaggio: The Hero’s Life

“It’s hard to write a fair-minded biography of such a polarizing figure, but that’s what Joan Biskupic has done with ‘American Original’ . . . impressively balanced and well reported.” —Jeffrey Rosen, The New York Times Book Review

“[American Original] will stand up over time.” —Emily Bazelon, Slate

“Intellectually rigorous. . . ‘American Original: the Life and Constitution of Supreme Court Justice Antonin Scalia’ is a must-read for anyone who wants to understand this jurist.” —Claude R. Marx, Boston Globe

“Biskupic has written a biography filled with fire, a book almost certain to anger Scalia's fans on many pages because she offers candid assessments of his flaws, as well as his strengths. Scalia’s detractors will find lots of material with which to demonize him even further.” —Steve Weinberg, Dallas Morning News

“A gifted storyteller . . . Biskupic is tough but fair. At age 73, Scalia remains full of piss and vinegar. If you want to know where he’s likely to take his colleagues and when they’ll refuse to go along with him pick up ‘American Original.’ Don’t wait for a court order.” —Glenn C. Altschuler, Tulsa World

“Impeccably researched.” —Gene Warner, Buffalo News

“‘American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia’ is full of strong reporting. It is scrupulously even-handed, which may irritate partisans on both sides of the Scalia divide—there are few fence-straddlers when it comes to him . . . Biskupic’s larger accomplishment is to present the recent evolution of the Supreme Court through the prism of its most colorful member.” —Jim Newton, Los Angeles Times

“It’s worth checking out Joan Biskupic’s new biography of Justice Antonin Scalia—American Original. . . It’s the first real deep dive into his personal background (including his religion) and how it affects his decisions. Scalia is a critical figure on the Supreme Court, given its continuing shift to the right. And Biskupic does a great job in helping the reader understand where he’s coming from.” —Thomas Goldstein, Daily Beast, “Smart People Recommend”

“The book’s real charm, however, lies in her treatment of the man. She traces the important influences on Scalia—the lessons from his immigrant parents, the centrality of his Catholic faith, the early professional experiences in the Nixon justice department—and offers a portrait of a man quite unlike any other judge. Especially against the decorous backdrop of the Supreme Court, Scalia stands out for his brashness in argument, his clever, sometimes contemptuous, prose and his willingness to express opinions in a variety of public forums. Biskupic acknowledges his intellectual brilliance but criticizes him for his tetchiness with the press, for his seeming inability to concede at least the appearance of conflicts of interest and for his willingness to depart from originalism—Bush v. Gore, anyone?—when it appears to serve his own political inclinations. Legal scholars have written more about Scalia than any other living Justice. Now, in terms of accessibility for the general reader, Biskupic gives the rest of us an inside look at what the fuss is all about . . . Every bit as provocative and entertaining as the man himself.” —Kirkus Reviews (starred review)

KIRKUS REVIEW

https://www.kirkusreviews.com/book-re...

Remember the following:

Everyone is welcome but make sure to use the Goodreads spoiler function.

If you come to the discussion after folks have finished reading it, please feel free to post your comments as we will always come back to the thread to discuss the book.

The rules

You must follow the rules of the History Book Club and also:

First rule of Book of the Month:
Respect other people's opinions, no matter how controversial you think they may be.

Second rule of Book of the Month:
Always, always Chapter/page mark and spoiler alert your posts if you are discussing parts of the book.

To do these spoilers, follows these easy steps:

Step 1. enclose the word spoiler in forward and back arrows; < >

Step 2. write your spoiler comments in

Step 3. enclose the word /spoiler in arrows as above, BUT NOTE the forward slash in front of the word. You must put that forward slash in.

Your spoiler should appear like this:
(view spoiler)

And please mark your spoiler clearly like this:

State a Chapter and page if you can.
EG: Chapter 24, page 154

Or say Up to Chapter *___ (*insert chapter number) if your comment is more broad and not from a single chapter.

Chapter 1, p. 23
(view spoiler)[I know everything now about chapter one and I am going to post it here - oops I better place this in a spoiler alert so I do not ruin the book for others (hide spoiler)]

If you are raising a question/issue for the group about the book, you don't need to put that in a spoiler, but if you are citing something specific, it might be good to use a spoiler.

By using spoilers, you don't ruin the experience of someone who is reading slower or started later.

Thanks.

You can copy and paste below to get your spoiler right:

<spoiler>Put Text Here</spoiler>

CONTENTS

Prologue 3

1. A Place in the American Story 11
2. In the Turbulence of Watergate 33
3. Witness for the Executive 49
4. Meeting of the Minds 65
5. Relentless in Dissent 81
6. “I Have No Agenda” 99
7. “Is Anybody Listening?” 122
8. Dilemmas of Race 148
9. Passions of His Mind 185
10. “A Country I Do Not Recognize” 211
11. Bush v. Gore: Not Over It 231
12. “Quack, Quack” 252
13. The Center Chair 276
14. Showman of the Bench 299
15. Power in a Time of Terrorism 321
16. “You Get One Shot” 344

Notes 365
Selected Bibliography 409
Acknowledgements 413
Index 417

FOR THOSE WHO WOULD LIKE A SUGGESTED WEEKLY SYLLABUS

JUNE 1ST THROUGH JUNE 5TH

Prologue 3

1. A Place in the American Story 11
2. In the Turbulence of Watergate 33

JUNE 6TH THROUGH JUNE 12TH

3. Witness for the Executive 49
4. Meeting of the Minds 65
5. Relentless in Dissent 81
6. “I Have No Agenda” 99

JUNE 13TH THROUGH JUNE 19TH

7. “Is Anybody Listening?” 122
8. Dilemmas of Race 148
9. Passions of His Mind 185
10. “A Country I Do Not Recognize” 211

JUNE 20TH THROUGH JUNE 26TH

11. Bush v. Gore: Not Over It 231
12. “Quack, Quack” 252
13. The Center Chair 276
14. Showman of the Bench 299

JUNE 27TH THROUGH JUNE 30TH

15. Power in a Time of Terrorism 321
16. “You Get One Shot” 344

Notes 365
Selected Bibliography 409
Acknowledgements 413
Index 417

Those of you who are going to read American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia use the spoiler html because this is a single thread discussion.

1. Read message 7 and that message shows you the rules for the buddy read discussion and how to do the spoiler html.

2. Message 8 actually shows you the spoiler html code. Use it on this thread.

3. Where is the Table of Contents and the reading syllabus? - Message 9 and 10.

All, we do not have to do citations regarding the book or the author being discussed during the book discussion on these discussion threads - nor do we have to cite any personage in the book being discussed while on the discussion threads related to this book.

However if we discuss folks outside the scope of the book or another book is cited which is not the book and author discussed then we do have to do that citation according to our citation rules. That makes it easier to not disrupt the discussion.

Welcome everyone to the June selection of the Book of the Month offering here at The History Book Club. I'm excited to dig into the life of Supreme Court Justice Antonin Scalia.

I would love to have you post a welcome message and let me know what you know about Scalia, the Supreme Court, and what your interest in the book is.

This week's reading is the Prologue and chapters 1 and 2. Looking forward to reading your posts.

Chapter Overviews and Summaries
Week One

(view spoiler)[Prologue
The reader gets an introduction to Antonin Scalia and a brief bit of his background. In 1986, President Regan nominated Scalia to the Supreme Court. He was currently serving on a federal appeals court. The author provides a brief discussion on Scalia’s legal theory of “originalism”. Scalia was the only child of Salvatore Eugene Scalia and Catherine Panaro. He was valedictorian at New York’s Xavier High School and first in his class at Georgetown University. He graduated magna cum laude from Harvard Law School. He worked for both Nixon and Ford, before teaching at the University of Chicago then went on to be a federal appeals court in Washington, D. C. Scalia married Maureen and had nine children.


Antonin Scalia 2008

Chapter 1 – A Place in the American Story

This chapter covers Antonin Scalia’s life growing up in Trenton, Ohio through his college days at Georgetown University. There is background on Scalia’s ancestral families and early days in Trenton. At six, the Scalia family moved to the Elmhurst area of Queens, NY. Scalia attended high school at Xavier High School, a Jesuit school in lower Manhattan, and participated in Junior ROTC. He later attended Georgetown University where he was involved in History, Theatre, and enrolled in their yearlong academic program in Switzerland, including a trip to Italy. This was his first time visiting the family’s home country. After college he was admitted to Harvard Law School graduating magna cum laude. Scalia meets his future wife, Maureen McCarthy, at Harvard.


Antonin Scalia and Maureen McCarthy

Chapter 2 – In the Turbulence of Watergate

This chapter begins with Scalia’s time as assistant attorney general of the United States. His tenure started in August 1974 right after Richard Nixon’s resignation. Long before his installment as assistant attorney general, Scalia worked for the firm Jones, Day before taking a teaching job at the Virginia University Law School. He then moved to Nixon administration’s Office of Telecommunications Policy as general counsel. This was a new department and seemed like an exciting place to be for young Scalia. His new job began during the tumultuous days after Nixon resigned, while tapes and papers were being subpoenaed for use in the Watergate hearings. One of his first tasks at assistant attorney general was to help argue issues over the Freedom of Information Act as it pertains to documents owned by Presidents. His opinions were at odds with Congress who eventually overturned a veto on against amendments to the Act.


Antonin Scalia (hide spoiler)]

Week One Questions - First Impressions of Antonin Scalia

(view spoiler)[1. What did you know of Antonin Scalia before you started this book? Watergate? President Nixon and Ford?

2. What are your impression of Scalia as you begin reading the book?


Scalia pictured in 1953 for his senior year photo at Xavier High School in Queens, New York
(hide spoiler)]

I can't believe that June is here already. I really enjoyed last months read along. Excited about starting a new book. This is my first book reading wise on Justice Scalia. So this should be interesting. I am not totally ignorant on him, I know things about him from interviews, news reports etc....

Rachel wrote: "I can't believe that June is here already. I really enjoyed last months read along. Excited about starting a new book. This is my first book reading wise on Justice Scalia. So this should be intere..."

I think I know more around his death than anything. So we will be learning together!

I have this book on reserve from the library and will jump in when I can. Last year I read Biskupic's biography of Sandra Day O'Connor and she did a fair job. I know Scalia was a conservative voice on the court but little else so I am excited to be learning along with everyone.

I'm excited to be reading this book. I thought Justice Scalia was brilliant, although I take a more liberal stance. I saw an interview with him on 60 Minutes a few years ago and I was extremely impressed.

Interview with Justice Antonin Scalia by Leslie Stahl

http://www.cbsnews.com/news/justice-s...

Glad to have you Brina and Francie. I'm looking forward to getting started with you all.

Francie - can you post the link to the Leslie Stahl interview in the spoiler thread? It is open now: https://www.goodreads.com/topic/show/...

Brina wrote: "I have this book on reserve from the library and will jump in when I can. Last year I read Biskupic's biography of Sandra Day O'Connor and she did a fair job. I know Scalia was a conservative voice..."

Brina ~ when you mention a book or author outside of the one we are discussing, could you please post a citation for it? Thank you!

Here is how it should look:

by Joan Biskupic

Thanks for mentioning this book. I'd like to read it myself.

Yes it is a good book. My issue with citations is that I'm generally using my phone. If anyone knows how to cite books/authors from the phone app, please feel free to send me a message explaining the steps and I will be happy to cite properly in the future.

Brina wrote: "Yes it is a good book. My issue with citations is that I'm generally using my phone. If anyone knows how to cite books/authors from the phone app, please feel free to send me a message explaining t..."

That is a limitation of the app. When I am going to do a citation on my phone, I will use the Google Chrome browser (a free app you can download) or any browser that lets you use the browser like a desktop. You can also go back and add the citation once you're on your desktop.

I'm hoping it will be a new feature in future updates for the Goodreads app.

Teri wrote: "Glad to have you Brina and Francie. I'm looking forward to getting started with you all.

Francie - can you post the link to the Leslie Stahl interview in the spoiler thread? It is open now: https:..."

Done.

Thank you!

Week One Discussion Questions - Prologue - pages 3-10

(view spoiler)[1. On page 4 the author notes “…Scalia has been advancing the legal theory known as “originalism” – insisting that judges should render constitutional decisions based on the eighteenth-century understanding of the text”. Do you think that the constitution has a “constant” meaning? Do you think the Supreme Court should interpret the constitution in its originality or through broad principles that should apply to today’s world?

2. On page 8-9 there is a discussion of Scalia’s occasional inconsistencies. Ultimately, he has to uphold the law as written. He may endorse a policy like deregulation of markets, but as a judge he has to uphold what the federal law dictates on regulations. What do you think of these inconsistencies? Do you expect that a Supreme Court, or even a federal judge would agree with all of the policies that they are expected to uphold?


Ronald Regan announcing Antonin Scalia as his choice for the next Supreme Court Justice. (hide spoiler)]

Discussion questions for prologue -3-10

(view spoiler)[

On page 4 the author notes “…Scalia has been advancing the legal theory known as “originalism” – insisting that judges should render constitutional decisions based on the eighteenth-century understanding of the text”. Do you think that the constitution has a “constant” meaning? Do you think the Supreme Court should interpret the constitution in its originality or through broad principles that should apply to today’s world?

In my personal opinion I believe that the constitutions has constant meaning. The Constitution was meant as an agreement between the people and the Government. So as society changes the constitution needs to change in order to fit that world. (hide spoiler)]

Rachel wrote: "Discussion questions for prologue -3-10"

Rachel - Scalia and Originalism

(view spoiler)[I tend to agree with you. I'll be interested as we move along the book if our minds change at all. I think that the principles of the Constitution are important, but there needs to be some ongoing life to those ideals as the country / society evolves. (hide spoiler)]

Prologue, pgs 3-10

(view spoiler)[This is just my opinion, but I think our founding fathers meant the Constitution to be a living document, allowing for changes to go along with the times. The principles are important, but as the world changes, we need to be able to adapt.

It was nice to read about Scalia's sense of humor. I love his "get over it" sentiment. (hide spoiler)]

Francie wrote: "Prologue, pgs 3-10"

Francie - Scalia and Originalism

(view spoiler)[Adapt is a very appropriate word. I'm interested in seeing how his theory holds up.

I love his sense of humor so far. Having to be so serious as a Justice, you would think you need to balance that with a good sense of humor! (hide spoiler)]

I just finished the first chapter of this book and am going to learn alot about Scalia.
(view spoiler)[I know that he was a conservative judge, Catholic with a large family and I saw the biopic of him on 60 Minutes. I know he interpreted the Constitution in it's original context. I think the constitution should be fluid and should change as society changes.

I also knew about him and his friendship with Ruth Bader Ginsburg who is a polar opposite to him and her interpretation of the constitution does change as society changes. I was surprised to learn about their friendship from a book about RBG. When he died this amazing friendship made the news. (hide spoiler)]

by Irin Carmon

Helga wrote: "I just finished the first chapter of this book and am going to learn alot about Scalia. "

Helga - Scalia and Originalism / RBG

(view spoiler)[I have a feeling most of us will agree that the Constitution should change along with society, so I'm really anxious to see how he supports his theory throughout his life.

I have the RBG book in my TBR pile. Did you like it?

I'm posting the links to the interview you mentioned and I'll put it in the glossary as well. Worth watching. (hide spoiler)]

by Irin Carmon

Antonin Scalia - 60 Minutes Biopic
February 13, 2016, 5:00 PM | A look back at the life of the U.S. Supreme Court's Antonin Scalia, who died today at the age of 79 (Original air date: April 27, 2008)

Justice Scalia On Life Part 1
Justice Scalia On Life Part 2

Week One Discussion Questions - Chapter One - pages 11-32

(view spoiler)[1. How do you think Antonin Scalia’s family and upbringing affected him growing up? How much of a person’s makeup in life is nature vs. nurture?

2. What may have influenced Scalia to come up with his theory on “originalism”?

3. Scalia loved the line of a Charles Lamb essay (“The Old Benchers of the Inner Temple”) that states, “Lawyers, I suppose, were children once.” Why do you think this line was memorable to him? (page 32)


This is the Battle Monument in Trenton, NJ across the street from Scalia’s boyhood home. 334 N. Broad St is the corner unit just below the cross street on the left center of the picture. (hide spoiler)]

Teri wrote: "Helga wrote: "I just finished the first chapter of this book and am going to learn alot about Scalia. "

Helga - Scalia and Originalism / RBG

I have a feeling most of us will agree that the Consti..."

Yes, I did like the book. Worth reading.
Thanks for posting the links too.

Week One Discussion Questions - Chapter Two - pages 33-48

(view spoiler)[1. Explain Scalia’s attitude mentioned in the last line of chapter 2, “You’re either with us – or against us” in the context of his work as assistant attorney general. What kind of authority does Scalia and his department hold over legislation?

2. Who are the key people that Scalia aligns with and contradict? Who do you think will be important for him to align with going forward?


Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975 (hide spoiler)]

Week One Discussion Questions – Antonin Scalia

(view spoiler)[1. Now that you have a picture of Scalia from youth to his first big job at the White House, what do you find interesting about Scalia? Where do you think his sense of humor comes from? What causes him to frame his ideology of “originalism”?

2. We see Scalia decline a possible partnership with a law firm for teaching law, his lifelong passion, to work as an attorney at the federal level. What do you think truly drives him? Where do you think his true passions lie? Upholding the law? Teaching? Advancing what he feels is right?


Henry Goldberg and Antonin Scalia, Office of Telecommunications Policy. (hide spoiler)]

Hello everyone! We are moving on to week two today. That includes chapters 3 - 6. We're going to learn a bit more about Scalia's background prior to his appointment as a Justice and what makes him tick.

I'm on a bit of a vacation this week but will be posting synopsis and questions later tonight. Have you all made it through the first week's reading? Overall thoughts on Scalia so far?

I'll have to play catch up- getting from library tomorrow. But everyone else's comments look good so far.

Great Brina. Our threads are always open for discussion to accommodate everyone's reading schedule. Looking forward to your participation.

Chapter Overviews and Summaries
Week Two

(view spoiler)[Chapter 3 – Witness for the Executive
In late 1975, Edmund Muskie questions Scalia on Executive Privilege during the Senate Government Operations subcommittee. Muskie’s goal was to have certain documents released to Congress post-Watergate challenging Ford’s attempt to suppress them using Executive Privilege. Muskie and Scalia were on opposite side of politics and came toe to toe during the testimony. Others questioned Scalia as well during his testimony with one specific subject around a Shield Law, allowing reporters’ privilege of suppressing their sources. Biskupic covers the background of former Justice William O. Douglas, known for his ruling on the right to privacy with the 14th Amendment that opened the way for the Roe vs. Wade decision. Scalia disagreed with the Roe decision and valued personal liberty over government interest, believing that the decision had gone beyond the bounds of constitutional interpretation. Douglas was 77 at the time and was then the longest serving Justice. He eventually stepped down due to health reasons. Ford appointed John Paul Stevens to replace Douglas.


Edmund Muskie

Chapter 4 – Meeting of the Minds
In 1977, after his tenure with the Ford administration, Scalia goes to the University of Chicago to teach law. He also worked with the American Enterprise Institute. Scalia was able to become more personally vocal now that he was not working in the government. In 1980, Scalia moves the family to California for a temporary one-year position at Stanford University. Background on The Federalist Society which Scalia helped advise / organize. Scalia turns down a position as a judge for the U. S. Court of Appeals for the Seventh Circuit in hopes of a position in Washington, D. C. Later that year, he was offered a position with the appeals court in D. C.


Scalia was one of the founding members of The Federalist Society

Chapter 5 – Relentless in Dissent

In 1985, Scalia is working the federal appellate court in D. C., just one step down from the Supreme Court. Some background on the court and the move by Reagan to a more conservative judgeship. Scalia meets Ruth Bader Ginsburg and they strike up an unlikely friendship. Several cases during his tenure on the appellate court are discussed including the Tavoulareas vs. Washington Post libel case. Scalia gets nominated to the Supreme Court as Associate Justice.


Unlikely friends, Antonin Scalia and Ruth Bader Ginsburg

Chapter 6 – “I Have No Agenda”
A hearing is held for the nomination of Scalia to the Supreme Court. A background to Scalia’s nomination is detailed. Scalia is ultimately confirmed by a 98-0 vote.


Antonin Scalia during his confirmation hearing (hide spoiler)]

Week Two Discussion Questions - Antonin Scalia

(view spoiler)[1. In the first week we learn a little about Scalia and his character. He is a conservative judge with a big sense of humor. What more have you gleaned about Scalia in our second week’s reading? What was his biggest triumph and his biggest struggle?

2. Should Justices just interpret the law or should they be able to make the law?


Scalia enjoying some personal time hunting (hide spoiler)]

Week Two Discussion Questions - Chapter Three - pages 49-54

(view spoiler)[1. Should the President be allowed Executive Privilege to suppress information from Congress? The Public? If so, in what cases should He/She not be allowed this privilege?

2. A shield law is legislation designed to protect reporters' privilege. This privilege involves the right of news reporters to refuse to testify as to information and / or sources of information obtained during the news gathering and dissemination process. Currently the U.S. federal government has not enacted any national shield laws, but most of the 50 states do have shield laws or other protections for reporters in place. Should there be a shield law at the federal level? Why or why not?
(Source for shield law: Wikipedia)


William O. Douglas (hide spoiler)]

Week Two Discussion Questions - Chapter Three - pages 55-64

(view spoiler)[1. The Constitution allows for a lifetime service of Supreme Court Justices. How long should a Justice serve? Should there be term limits?

2. On page 64, Biskupic states that Scalia learned during his time in the Situation Room under testimony, that the power belongs to the vigilant. What does this statement mean to you? Do you agree or disagree?


John Paul Stevens (hide spoiler)]

Week Two Discussion Questions - Chapter Four - pages 65-80

(view spoiler)[1. On page 65 it is stated that Scalia believed that judges were wrongly using their own personal values to decide legal issues. How often do you think that judges allow their personal beliefs affect their decisions? Do you think this is fair?

2. Speaking on Affirmative Action, Scalia states “From racist principles flow racist results.” How do you feel about Affirmative Action? Is it necessary or does it give unfair advantages?


Robert Bork (hide spoiler)]

Week Two Discussion Questions - Chapter Five - pages 81-98

(view spoiler)[1. How important were the personal connections that Scalia made to his career?

2. On page 94, William Safire claimed that Scalia was making an effort to appeal to Reagan’s conservative aides in his court decisions. That perhaps he was working on a promotion. Do you agree or do you think that Scalia was standing by his principles?


President Ronald Reagan and Antonin Scalia (hide spoiler)]

Hi Everyone ~

How is everyone doing with Scalia? Any comments or question on his background prior to his appointment to the Supreme Court?

Week Two Discussion Questions - Chapter Six - pages 99-121

(view spoiler)[1. What was the biggest selling point for Scalia’s nomination? What do you think was against him?

2. Scalia faced a hard line of question during his confirmation hearing, yet many did not probe as far as they could on some issues. The vote for Scalia was 98-0. Do you think that he was a sure win from the start? Was the confirmation hearing just a formality?


Scalia puffs on a pipe during his Senate confirmation hearings in August 1986 (hide spoiler)]

Hi, this week has been a bad one for me, between work and I have been sick as well. I haven't completed last weeks readings. So I am going to do my best to get caught up.

Rachel wrote: "Hi, this week has been a bad one for me, between work and I have been sick as well. I haven't completed last weeks readings. So I am going to do my best to get caught up."

I hope you are on the mend soon!!! Life happens, no worries. We'll be here when you are ready to discuss. ;-)

Week Two Discussion Questions - Scalia: Friends and Enemies

(view spoiler)[1. Scalia had an unlikely friendship with Ruth Bader Ginsburg. In fact, he got along with many liberals outside of court. What drew people to Scalia? Is it possible to be great friends with people you don't agree with in your work life?

2. Who were Scalia's enemies? Do you think Scalia saw anyone as an enemy?


Ruth Bader Ginsburg and Antonin Scalia (hide spoiler)]

an interesting book so far. Here are few of my thoughts,

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Scalia’s personal story as the son of a Sicilian immigrant who had come to America through Ellis Island was very captivating to many in the Regan Administration as well as many Senators. During his conformation hearings, it helped him establish a rapport with many senators. Another thing that Scalia had going for him was experience in Washington Politics and the support of many powerful insiders. Many senators were worn out from the William Rehnquist hearings, which had occurred a few weeks earlier. That is one of the reasons why they did not probe more closely or ask more in depth questions,. Had the Scalia hearings occurred at a a different tine, the vote would have been a lot closer.
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