Scalia’s Court: A Legacy of Landmark Opinions and Dissents PDF
Preview Scalia’s Court: A Legacy of Landmark Opinions and Dissents
Scalia’s Court Scalia_interior-p5.indd 1 2/26/16 3:40 PM Scalia_interior-p5.indd 2 2/26/16 3:40 PM Scalia s Court ’ A Legacy of Landmark Opinions and Dissents With Edits and Commentary by Kevin A. Ring Scalia_interior-p5.indd 3 2/26/16 3:40 PM Copyright © 2004, 2016 by Kevin A. Ring All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means electronic or mechanical, including photocopy, record- ing, or any information storage and retrieval system now known or to be invented, without permission in writing from the publisher, except by a reviewer who wishes to quote brief passages in connection with a review written for inclusion in a maga- zine, newspaper, website, or broadcast. Regnery® is a registered trademark of Salem Communications Holding Corpora- tion Portions of this book were originally published in 2004 under the title Scalia Dis- sents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice (ISBN 978-0- 89526-053-6) First e-book edition 2016: ISBN 978-1-62157-533-7 2016 Hardcover edition ISBN 978-1-62157-522-1 Cataloging-in-Publication Data on file with the Library of Congress Published in the United States by Regnery Publishing A Division of Salem Media Group 300 New Jersey Ave NW Washington, DC 20001 www.Regnery.com Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 Books are available in quantity for promotional or premium use. For information on discounts and terms, please visit our website: www.Regnery.com. Distributed to the trade by Perseus Distribution 250 West 57th Street New York, NY 10107 FOR KILEY AND AUDREY Scalia_interior-p5.indd 5 2/26/16 3:40 PM Scalia_interior-p5.indd 6 2/26/16 3:40 PM CONTENTS Introduction ix Chapter One Scalia’s Philosophy 1 Chapter Two Interpreting Laws 21 Chapter Three Separation of Powers 41 Chapter Four Race 73 Chapter Five Abortion 91 Chapter Six Gun Rights 131 Chapter Seven Death Penalty 175 Chapter Eight Rights of the Accused 227 Chapter Nine Religious Freedom 275 Chapter Ten Illegal Immigration 327 Chapter Eleven Homosexuality 353 Chapter Twelve Sexual Equality 403 Chapter Thirteen Free Speech 443 Chapter Fourteen Non-Speech and Un-Free Speech 475 Chapter Fifteen Obamacare 497 Chapter Sixteen Other “Rights” 525 Epilogue Scalia’s Legacy 541 Acknowledgments 545 Notes 547 Bibliography 553 Index 561 Scalia_interior-p5.indd 7 2/26/16 3:40 PM Scalia_interior-p5.indd 8 2/26/16 3:40 PM I N T RODUC T I ON ? S hortly after the press reported Supreme Court Associate Jus- tice Antonin Scalia’s death on February 13, 2016, tributes began pouring in from longtime allies and adversaries alike. Many noted his towering intellect and praised his consistent approach to interpret- ing cases. Some spoke of his love of the law and his larger-than-life personality. Others were impressed that his strongly held views did not prevent him from establishing warm friendships with those who disagreed with him. One trait that nearly everyone praised was Scalia’s brilliant literary style. His “gift for analysis and words,” one progressive law professor said, made him “the best judicial stylist since Oliver Wendell Holmes. Through his opinions, he exerted gravitational pull on the law, even when he lost.”1 Indeed, during his nearly thirty years on the Court, Scalia was its premier conservative, intellectual gladiator, and word- smith. To be sure, many important and influential conservative jurists have served on the High Court, and there remain today others who share Scalia’s textualist and originalist philosophy. Yet it was Scalia Scalia_interior-p5.indd 9 2/26/16 3:40 PM
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