1. Justice Antonin Scalia
Legacy of …
Originalism/Strict Constructionist
Constructional Scholar

2. Background Info

3. Timeline Barack Obama Presidency: Antonin Scalia Supreme Court Tenure:
January 20, 2009 – January 20, 2017
Antonin Scalia Supreme Court Tenure:
1986- February 13, 2016 (until death)
Barack Obama had almost one year left in office
So… what type of Justice was Antonin Scalia?

4. Justice Antonin Scalia
Appointed by President Reagan (R) in 1986.
Until his death, longest current serving justice on the Court.
Leading conservative on Court - believed in “originalism” OR strict constructionism (what did the Constitution mean at the time it was written).
Before his death, the Court was considered to be 5-4, leaning conservative. Although, Chief Justice John Roberts & Associate Justice Anthony Kennedy (both considered in that 5) have gone back and forth and ruled with the perceived liberal justices at times.
(opposite would be a liberal constructionist, who sees the constitution as a living document and takes into account changes and social conditions since ratification)

5. Judicial Activism/ Judicial Restraint
Can be from any party
Definition:
courts should develop new legal principles when judges see a compelling need, even if the action places them in conflict with precedent
Judges acting to create new law
In Roe v. Wade, the court acted liberally because it changed the Texas law
In Citizens United, court acted conservatively when they changed campaign finance laws
If the court changes an established law, it is being an activist court
Can be from any party
Definition:
Judiciary should broadly defer to precedent and the judgement of legislatures. Judges should work in the confines of laws passed down by tradition and law-making majorities
The court should not decide disputes unless there is concrete injury to be relieved by the decision
Only declare a law unconstitutional when it violates the document directly, not what you interpret it to say
Justice Scalia : “A ‘living’ Constitution judge [is] a happy fellow who comes home at night to his wife and says “The Constitution means exactly what I thought it ought to mean!’”

6. Original Intent (Originalism) vs. Living Constitution
March 23, 2010
C-SPAN
15:00- 25:00ish
Justice Scalia and Justice Breyer discuss the issue

7. Importance of that view…
Why do some people believe the Supreme Court has too much power?
Whose responsibility is it to choose a new justice?
Whose responsibility is it to confirm the chosen successor?

8. After his death, and when the nomination of Merrick Garland was being made, here were the discussions:
How can this appointment cement a legacy for President Obama (D)?
GOP argues Obama is a lame-duck and should allow next president to choose. Is he a lame- duck? If he is, should he not choose?
Dems argue the Constitution doesn’t address whether or not a lame-duck president should refrain from nominating a justice, but that whoever is POTUS has responsibility.

9. GOP Response; Sen. Mitch McConnell (R-KY)

10. Dem Response: Sen. Elizabeth Warren (D-MA)

11. What do you think would have happened if Hillary had won the election?

12. Appointing the Judiciary
Senate Judiciary Committee
Looks at all the President’s judicial appointments
Sometimes (always if it is the Supreme Court) appears before the committee to answer questions about experience or their views on laws
A determination of an appointee’s political status is known as a litmus test
Senatorial Courtesy
When the vacancy is a Federal Court from a state, that state’s senators often determine the nominee

13. Supreme Court Vacancies
Confirmation
It became a public spectacle after the Senate rejected Nixon’s first two nominees
Interest Groups
Witnesses testifies in the confirmation hearings about the nominee’s qualifications
The American Bar association (ABA) or others, sometimes write questions for the Senate Judiciary Committee

14. Conclusion- Again a hind-sight look at where we were just two years ago
Why has the death of Justice Scalia created such political upheaval?
Why did the GOP want the vacancy to be filled after the next Presidential election?
Why did the Democratic Party want the vacancy to be filled immediately?
What precedence has been set?
Is there a right or wrong answer here or is this just a personal, political question?