Misreading a Supreme Court Justice

The Washington Times (Washington, DC), June 3, 2014 | Go to article overview

Misreading a Supreme Court Justice


Byline: Gerald Russello- Special to The Washington Times

SCALIA: A COURT OF ONEBy Bruce Allen MurphySimon & Schuster, $35, 656 pages

Justice Antonin Scalia has been one of the most important and influential justices of the Supreme Court. Since arriving at the court in 1986, his advocacy of an approach to interpreting the Constitution rooted in its text, history and "original meaning" has had a profound effect on legal scholarship and argument. It caused nothing short of a revolt against the amorphous "living Constitution" of Justices Earl Warren and William Brennan whose effects are still being felt. Making Justice Scalia and his jurisprudence accessible to a wider audience would be a true public service.

Unfortunately, this biography delivers far less than it promises, and in key respects misreads its subject. Filled with errors of logic and analysis, and a clear bias against Justice Scalia and what he supposedly stands for, "A Court of One" is written for elites already predisposed to think ill of Justice Scalia.

Liberals have always had a hard time in trying to explain Justice Scalia's jurisprudence, despite his clear writing in his opinions and books about how he goes about deciding constitutional cases.

Rather than a sincere fidelity to what he sees as constitutional meaning, liberals have assumed his approach must be something else: a screen for his own policy preferences, perhaps, or a devotion to a Nixon-like view of presidential power, or some dark corner of Catholic theology. Because they cannot, or do not want to, take Justice Scalia at his word, they have likewise failed to understand the great appeal of his approach for a generation of lawyers and law professors.

Bruce Murphy, who is Fred Morgan Kirby professor of Civil Rights at Lafayette College, conveys the biographical detail well enough, though the snide tone and his apparent lack of deep interest in his subject's views detract from the narrative.

Raised in Trenton, N.J., Antonin Scalia was an only child born to Italian immigrants and schooled at Catholic high school and college before entering Harvard Law School. After a few years spent at a law firm in Cleveland, he returned to the Washington, D.C., area and taught at the University of Virginia before landing his first job, as general counsel for the Office of Telecommunications Policy.

He went on to become head of the prestigious Office of Legal Counsel during the waning and tense days of the Nixon administration. He was appointed a federal appellate judge in Washington in 1982 and then an associate justice of the Supreme Court four years later.

Among his errors, Mr. Murphy makes two key interpretive mistakes. …

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