Below are a few resources that I have gathered together (for my own archives) in honor of the late Supreme Court Justice Antonin Scalia. If you have suggestions, add in the comments section below.
The following essay contains some fascinating reflections by Scalia on proper interpretation methods which have important similarities to biblical hermeneutics:
Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws
In Conversation: Antonin Scalia, New York Magazine (Jennifer Senior)
“You believe in heaven and hell?
Oh, of course I do. Don’t you believe in heaven and hell?
Does that mean I’m not going?
[Laughing.] Unfortunately not!
Wait, to heaven or hell?
It doesn’t mean you’re not going to hell, just because you don’t believe in it. That’s Catholic doctrine! Everyone is going one place or the other.
But you don’t have to be a Catholic to get into heaven? Or believe in it?
Of course not!
Oh. So you don’t know where I’m going. Thank God.
I don’t know where you’re going. I don’t even know whether Judas Iscariot is in hell. I mean, that’s what the pope meant when he said, “Who am I to judge?” He may have recanted and had severe penance just before he died. Who knows?
Can we talk about your drafting process—
[Leans in, stage-whispers.] I even believe in the Devil.
Of course! Yeah, he’s a real person. Hey, c’mon, that’s standard Catholic doctrine! Every Catholic believes that.
Every Catholic believes this? There’s a wide variety of Catholics out there …
If you are faithful to Catholic dogma, that is certainly a large part of it.
Have you seen evidence of the Devil lately?
You know, it is curious. In the Gospels, the Devil is doing all sorts of things. He’s making pigs run off cliffs, he’s possessing people and whatnot. And that doesn’t happen very much anymore.
It’s because he’s smart.
So what’s he doing now?
What he’s doing now is getting people not to believe in him or in God. He’s much more successful that way.
That has really painful implications for atheists. Are you sure that’s the Devil’s work?
I didn’t say atheists are the Devil’s work.
Well, you’re saying the Devil is persuading people to not believe in God. Couldn’t there be other reasons to not believe?
Well, there certainly can be other reasons. But it certainly favors the Devil’s desires. I mean, c’mon, that’s the explanation for why there’s not demonic possession all over the place. That always puzzled me. What happened to the Devil, you know? He used to be all over the place. He used to be all over the New Testament.
What happened to him?
He just got wilier.
He got wilier.
Isn’t it terribly frightening to believe in the Devil?
You’re looking at me as though I’m weird. My God! Are you so out of touch with most of America, most of which believes in the Devil? I mean, Jesus Christ believed in the Devil! It’s in the Gospels! You travel in circles that are so, so removed from mainstream America that you are appalled that anybody would believe in the Devil! Most of mankind has believed in the Devil, for all of history. Many more intelligent people than you or me have believed in the Devil.”
“At the end of its opinion–after having laid waste the foundations of our rational-basis jurisprudence–the Court says that the present case ‘does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter.’ Do not believe it. More illuminating than this bald, unreasoned disclaimer is the progression of thought displayed by an earlier passage in the Court’s opinion, which notes the constitutional protections afforded to ‘personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education,’ and then declares that ‘[p]ersons in a homosexual relationship may seek autonomy for these purposes, just as heterosexual persons do.’ …. If moral disapprobation of homosexual conduct is ‘no legitimate state interest’ for purposes of proscribing that conduct, and if, as the Court coos (casting aside all pretense of neutrality), ‘w]hen sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring,’ what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising ‘[t]he liberty protected by the Constitution,’? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry. This case ‘does not involve’ the issue of homosexual marriage only if one entertains the belief that principle and logic have nothing to do with the decisions of this Court. Many will hope that, as the Court comfortingly assures us, this is so.”
-Justice Antonin Scalia, 2003 dissent in Lawrence v. Texas. This prophetic statement would come to be fulfilled in the Obergefell decision in 2015
“Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”
-Justice Antonin Scalia, dissenting opinion in Obergefell v. Hodges
Antonin Scalia, Conservative Legal Giant, New York Times (Ross Douthat)
Antonin Scalia Will Be Remembered as One of the Greats, Slate (Mark Joseph Stern)
Antonin Scalia, Christian (Rod Dreher)
Supreme Court of the United States
Washington, D. C. 20543
JUSTICE ANTONIN SCALIA
September 1, 1998
Dr. James C. Goodloe
Grace Covenant Presbyterian Church
1627 Monument Avenue
Richmond, Virginia 23220-2925
Dear Dr. Goodloe:
I looked for you unsuccessfully at the luncheon following the funeral yesterday. I wanted to tell you how reverent and inspiring I found the service that you conducted.
In my aging years, I have attended so many funerals of prominent people that I consider myself a connoisseur of the genre. When the deceased and his family are nonbelievers, of course, there is not much to be said except praise for the departed who is no more. But even in Christian services conducted for deceased Christians , I am surprised at how often eulogy is the centerpiece of the service, rather than (as it was in your church) the Resurrection of Christ, and the eternal life which follows from that. I am told that, in Roman Catholic canon law, encomiums at funeral Masses are not permitted—though if that is the rule, I have never seen it observed except in the breach. I have always thought there is much to be said for such a prohibition, not only because it spares from embarrassment or dissembling those of us about whom little good can truthfully be said, but also because, even when the deceased was an admirable person—indeed, especially when the deceased was an admirable person—praise for his virtues can cause us to forget that we are praying for, and giving thanks for, God’s inexplicable mercy to a sinner. (My goodness, that seems more like a Presbyterian thought than a Catholic one!)
Perhaps the clergymen who conduct relatively secular services are moved by a desire not to offend the nonbelievers in attendance—whose numbers tend to increase in proportion to the prominence of the deceased. What a great mistake. Weddings and funerals (but especially funerals) are the principal occasions left in modern America when you can preach the Good News not just to the faithful, but to those who have never really heard it.
Many thanks, Dr. Goodloe, for a service that did honor to Lewis and homage to God. It was a privilege to sit with your congregation. Best regards.