[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[Senate]
[Page 1984]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          REMEMBERING JUSTICE
                             ANTONIN SCALIA

  Mr. ENZI. Mr. President, I wish to offer a few words remembering 
Associate Justice Antonin Scalia of the Supreme Court. America has lost 
a legal giant and tireless defender of the Constitution. Justice Scalia 
dedicated his life to his country and the rule of law. His passing is a 
significant loss for the Court and the United States.
  Few Associate Justices of the Supreme Court capture the attention of 
both lawyers and non-lawyers like Justice Scalia has throughout his 
career. Antonin Scalia used wit, humor, and colorful writing to 
captivate Americans in his judicial opinions and educational talks. 
Justice Scalia also felt strongly about protecting the rights of the 
individual and did so in monumental opinions interpreting the First, 
Second, Fourth, and Sixth Amendments. In the immediate days following 
his passing, I received substantial correspondence from Wyoming 
residents praising his work for upholding the Constitution and 
defending individual liberties.
  A number of my colleagues have already mentioned how Justice Scalia 
would always put the Constitution first, even if it conflicted with his 
personal views. This was the case when Justice Scalia voted to uphold 
the right of protesters to burn the American flag--even though he 
strongly disagreed with flag desecration.
  When it comes to privacy, Justice Scalia established himself as a 
leading champion of the Fourth Amendment, particularly when it comes to 
privacy in one's home or car.
  Justice Scalia also authored a landmark majority opinion upholding 
gun rights under the Second Amendment which reiterated the 
constitutional right of an individual to keep and bear arms in the 
District of Columbia, a right which was later incorporated to all 
States.
  Justice Scalia also fought ardently for religious freedoms under the 
Establishment Clause and joined others in upholding freedom of 
association under the First Amendment.
  From his earliest days on the Supreme Court, Scalia approached the 
Constitution and statutes passed by Congress as a textualist. He 
protected the vertical separation of power in our federalist system 
which keeps decisions closer to the people and fought for the 
separation of powers amongst the three branches of Federal Government.
  Most recently, Justice Scalia challenged Executive overreach in the 
unanimous decision of the Supreme Court invalidating President Obama's 
unconstitutional recess appointments to the National Labor Relations 
Board and the Consumer Financial Protection Bureau.
  Finally, Justice Scalia's writings, judicial philosophy, and lectures 
have influenced future generations of lawyers and jurists. Whether, 
during oral argument, asking if the government can ``make people buy 
broccoli'' or referencing Cole Porter lyrics in opinions, Scalia used 
words to rebut, challenge, and persuade.
  Justice Scalia's legacy and legal precedents will stand the test of 
time, and our Nation owes him a debt of gratitude for his service. My 
wife, Diana, and I send our prayers and condolences to the Scalia 
family.

                          ____________________