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Associate Justice Antonin Scalia

The Curmudgeon

From Tom Head, About.com

"What in the world is a 'moderate' interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?"
Associate Justice Antonin Scalia

Associate Justice Antonin Scalia

Image Courtesy of the U.S. Supreme Court
Outspoken and unapologetic, Justice Scalia writes some of the most fierce and compelling dissents in the history of the U.S. Supreme Court. Although he is frequently described as a right-wing justice, his philosophy is more strict than it is conservative--focusing on the narrowest, most literal intepretations of the Bill of Rights. This tends to produce conservative rulings, but every now and then he surprises us all...

Vital Statistics


70 years old. Graduated from Georgetown University and the University of Fribourg in Switzerland (1957), then graduated from Harvard Law School (1960), where he served as note editor of the Harvard Law Review. Lifelong Roman Catholic. Married to Maureen McCarthy Scalia, with nine adult children and 26 grandchildren.

Career Background


1960-1961: Received of a Frederick Sheldon Fellowship at Harvard University, which allowed him to study law in Europe.

1961-1967: Associate counsel at Jones, Day, Cockley, and Reavis in Cleveland, Ohio.

1967-1971: Professor of Law at the University of Virginia.

1971-1972: General counsel for the U.S. Office of Telecommunications Policy.

1972-1974: Chairman of the U.S. Administrative Conference.

1974-1977: Assistant (for the Office of Legal Counsel) to U.S. Attorney General Edward H. Levi under the Carter administration.

1977-1982: Professor of Law at the University of Chicago, and Visiting Professor of Law at Georgetown University and Stanford University.

1982-1986: Associate Justice for the D.C. Circuit Court of Appeals.

Nomination and Approval


In June 1986, President Ronald Reagan nominated Scalia to replace Associate Justice Rehnquist, who had just been promoted to replace retiring Chief Justice Warren Burger. After strong bipartisan support, he was unanimously (98-0) approved by the Senate.

Landmark Cases


Employment Division v. Smith (1990): Wrote a 6-3 majority opinion establishing that laws banning ceremonial peyote use do not violate the First Amendment's free exercise clause.

Kyllo v. United States (2001): Wrote a 5-4 majority opinion establishing that use of thermal imaging to examine a residence constitutes a search, and is prohibited under the Fourth Amendment unless a warrant is obtained.

Hamdi v. Rumsfeld (2004): Joined Justice Stevens in a strong dissent in which they argued that U.S. citizens should never be classified as enemy combatants, and are always entitled to protections granted by the Bill of Rights.

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