[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 2924-2926]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   REMEMBERING JUSTICE ANTONIN SCALIA

  Mr. INHOFE. Mr. President, on February 13, 2016, Supreme Court 
Justice Antonin Scalia passed away in his sleep. He was an enduring 
legacy of the Reagan administration and the conservative standard not 
only on the Supreme Court but for the entire American judicial 
community.
  History will remember Scalia as a stalwart defender of the 
Constitution and a brilliant legal mind. He authored the majority 
opinion on countless rulings of the Court, preserving and protecting 
our Nation's founding principles. His intellectual honesty, as well as 
his humor, will be greatly missed.
  Justice Scalia played a pivotal role in the shaping of constitutional 
interpretation throughout his 30-year tenure on the Supreme Court. He 
had within him a fervor for law and order; yet he demonstrated a warmth 
that resonated with many colleagues on both sides of the political 
divide.
  Scalia built meaningful relationships across that divide which were 
indicative of the strength of his character. Hadley Arkes, an expert in 
constitutional law, said that Scalia was able to ``find something 
redeeming and likeable in just about everyone he met, regardless of 
politics.'' This was no doubt a reflection of his strong Christian 
background and tremendous character.
  You can learn the character of a man best by listening to how those 
who knew him speak of him. Former colleagues and intellectual 
adversaries alike are unrestrained in their kind words for Justice 
Scalia.
  Supreme Court Justice Stephen Breyer spoke fondly of the late 
Justice, saying: ``Nino sparkled with enthusiasm, energy, sense of 
humor, insight, and seriousness of purpose--the very qualities that I 
and his other colleagues have benefited from in more recent years.''
  Justice Thomas described Scalia as a patriot with a true calling for 
interpreting the Constitution and noted that their relationship 
flourished based on that common interest. Justice Ruth Bader Ginsburg 
also described their relationship as close and ``how blessed she was to 
have a friend of such brilliance, high spirits, and quick wit.''
  Scalia had a positive impact on so many lives as a Justice, a 
colleague, a father, and a friend. His demeanor was just and fair, but 
marked with personality and humor. Late Justice Scalia was a staunch 
defender of the Constitution, rendering unbiased opinions and a unique 
perspective.
  Mr. VITTER. Mr. President, today I honor the late Justice of the 
Supreme Court of the United States Antonin Scalia.
  During his many years of serving our country, Justice Scalia proved 
to be a great defender of our constitutional liberties. Regardless of 
one's politics, it is undeniable that Justice Scalia was a true patriot 
whose passion for upholding our American principles was matched only by 
his eloquence and intellect.
  Justice Scalia's record of public service stretched from the time 
President Nixon appointed him as general counsel of the Office of 
Telecommunications Policy in 1971 to when President Reagan nominated 
him as an Associate Justice of the Supreme Court in 1986, where he 
served until his death in February 2016. Before and intermingled during 
this service, Justice Scalia also served as an extremely talented 
attorney in private practice, a brilliant law professor, including for 
my alma mater Tulane Law School in its summer programs, and an 
effective leader in the U.S. Justice Department at a number of levels.
  One of the single most memorable events in my time in the Senate was 
when Justice Scalia agreed to visit with and speak to me and my staff. 
His presence and authority impressed all of us and, as he discussed a 
number of topics including the importance of protecting our 
constitutional rights; I admit to being awestruck. It was a great honor 
to hear directly from one of most significant jurists in American 
history, and I know my staff remember that day as clearly as I do.
  One thing that distinguished Justice Scalia was not necessarily what 
he did, but what he chose not to do. As a staunch adherent of limited, 
constitutional government, on numerous occasions, he advocated for the 
Court to separate itself from political fights or matters involving 
individuals who are free to decide their own fate. Originalism, the 
theory that the clear meaning given to words in the Constitution by our 
Founding Fathers should be honored, was prevalent in Justice Scalia's 
decisions. He abhorred judicial activism, and he correctly understood 
that the place for instituting laws was in the legislature, where the 
will of the people is democratically represented.
  I know that Justice Scalia will also be remembered for his upbeat 
nature, affability, charm, and wit. At the heart of his larger-than-
life personality was an educator, a person who not only ruled on the 
law, but also took the opportunity to inform readers of his opinions 
about the history behind the decisions.
  I commend his lifetime commitment as a public servant and hope his 
example will inspire us all as we work to respect the Constitution and 
protect the freedoms of all Americans. We would be wise to follow 
Justice Scalia's lead in remembering America's founding principles as 
we are deciding matters of the future.
  I also wish to express our deepest condolences to his wife, Maureen, 
and to the rest of his family. I am honored

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to join with the rest of the United States Senate in celebrating the 
wonderful memory and lasting legacy of Justice Antonin Scalia.
  Mr. WICKER. Mr. President, I join my colleagues in expressing the 
deepest respect and admiration for Supreme Court Justice Antonin 
Scalia. Our country has lost a brilliant, principled, and determined 
jurist.
  For three decades, Justice Scalia invigorated the Supreme Court, 
becoming an icon for constitutional originalism. He had a remarkable 
ability to espouse legal theory with memorable turns of phrase, and he 
could expose gaps in opposing opinions with laserlike precision. He did 
not fear differences of opinion but embraced the intellectual challenge 
that conflicting viewpoints could offer. The enduring friendships he 
made with those across the ideological spectrum are a true testament to 
his indomitable scholarship.
  Antonin Scalia had a distinguished career in law, academia, and 
public service before being confirmed to the DC Circuit and later the 
Supreme Court. The many accolades and achievements of his biography are 
well known. But Antonin, fondly known as ``Nino,'' was much more than 
an extraordinary legal mind. He was a man of faith and family, raising 
nine children with his wife, Maureen.
  His son, Christopher, wrote this in the Washington Post following his 
father's death: ``As proud as we are of his legacy as a jurist, of 
course it's his presence in our personal lives that we'll miss the 
most.'' To his children, he was a loving father who took them to Sunday 
mass, listened to Bach in his study, and never shied away from 
playfulness at the dinner table.
  We will remember Justice Scalia in my home State of Mississippi, 
where we were honored to host him over the years. We shared with him 
our variety of southern hospitality during his regular visits to the 
Magnolia State in pursuit of duck, deer, and turkey. When he wasn't 
outdoors, he spent time educating the public, especially college 
students, delivering thought-provoking lectures at the University of 
Mississippi, Mississippi State University, the University of Southern 
Mississippi, William Carey University, and MUW.
  Justice Scalia's unanimous confirmation as the first Italian-American 
Justice was a historic moment for the Supreme Court and the beginning 
of a legendary tenure that will have a profound effect for generations 
to come. He leaves a vibrant legacy--perhaps most notably characterized 
by his steadfast protection of the Constitution as the Framers intended 
it. As I said shortly after learning the news of his death, ``I like to 
think Antonin Scalia and James Madison are having the damnedest visit 
right now.''
  Mr. HELLER. Mr. President, today we honor the life and public service 
of Supreme Court Justice Antonin Scalia, whose passing signifies a 
great loss for our country. Justice Scalia was a devoted family man, 
scholar, and tireless public servant. He faithfully served Nevadans and 
all Americans for over 30 years on our Nation's highest Court. My 
thoughts and prayers continue to go out to his wife, Maureen, and the 
entire Scalia family.
  Born on March 11, 1936, to Salvatore and Catherine Scalia, Justice 
Scalia was a disciplined, intellectual conservative from a young age. A 
diligent student who studied his way to become valedictorian at 
Georgetown University and graduating magna cum laude at Harvard Law 
School, Justice Scalia began his legal career in Cleveland, OH in 1961. 
After practicing law for 6 years in Cleveland, Justice Scalia accepted 
a position teaching administrative law at the University of Virginia.
  Justice Scalia entered public service in 1972, during which he served 
as general counsel for the Office of Telecommunications Policy and 
chairman of the Administrative Conference of the United States. In 
these positions, he expanded his expertise in administrative law, a 
topic that interested him throughout his career. In 1974, Justice 
Scalia became the Assistant Attorney General for the Office of Legal 
Counsel. It was here that Justice Scalia would argue and later win his 
first case before the U.S. Supreme Court.
  In 1982, President Ronald Reagan appointed Justice Scalia to the 
Court of Appeals for the District of Columbia. Justice Scalia's 
originalist mindset, keen perception, and witty writing caught the 
attention of President Reagan, making Justice Scalia a top prospect to 
fill a potential Supreme Court vacancy. In 1986, Justice Scalia was 
confirmed by the Senate upon the retirement of Chief Justice Warren 
Burger. As a Supreme Court Justice, Justice Scalia would dramatically 
change the Court through his powerful dissents and sharp oral 
arguments.
  Throughout his over 30-year tenure on the bench, Justice Scalia never 
strayed from his conservative principles and steadfast dedication to 
upholding the Constitution. His prominent leadership and originalist 
philosophy will never be forgotten as his legacy will live on through 
generations. I ask my colleagues and all Nevadans to join me today in 
remembering and celebrating the life of Justice Antonin Scalia.
 Mr. CRUZ. Mr. President, Antonin Scalia was one of the 
greatest Supreme Court Justices in the history of our country. A lion 
of the law, Justice Scalia spent his tenure on the bench championing 
federalism, the separation of powers, and our fundamental liberties. He 
was a passionate defender of the Constitution--not the Constitution as 
it has been contorted and revised by generations of activist Justices, 
but the Constitution as it was understood by the people who ratified it 
and made it the law of the land. Scalia understood that if the 
Constitution's meaning was not grounded in its text, history, and 
structure, but could instead by revised by judicial fiat, then the 
people were no longer sovereign. No longer would the Nation be governed 
by law, which expresses the will of the people; it would be governed 
by, as Scalia put it, ``an unelected committee of nine.'' This, he 
believed, ``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.''
  As one of the leading advocates of this restrained judicial 
philosophy, Justice Scalia became an intellectual force on the Court, 
where he authored a number of noteworthy majority opinions. In 1997, 
for example, Scalia wrote the opinion in Printz v. United States, one 
of the few cases in the last century where the Supreme Court has 
actually limited the Federal Government's power to coerce the states. 
In 2001, in Kyllo v. United States, he led the Court in holding that 
the Fourth Amendment requires the government to obtain a warrant before 
using high-tech equipment to invade the sanctity of the home. And in 
2008, he penned the lead opinion in District of Columbia v. Heller, 
which finally recognized the people's individual right under the Second 
Amendment to keep and bear arms.
  As important as these majority opinions were, though, Justice Scalia 
was even better known for his dissents, in which he let his true 
personality--jovial, acerbic, and witty--fully shine through. Scalia 
understood that changing the languishing legal culture would take 
drastic measures, so he wrote his dissents with a specific target in 
mind: law students. His aim? To delight their senses and engage their 
brains. To this end, he liberally employed colorful metaphors, pithy 
phrases, and biting logic; and he mercilessly, yet playfully, exposed 
the abundant flaws in the writing and reasoning of other Justices. Pure 
applesauce. Jiggery-pokery. Argle-bargle. If you squinted hard enough, 
you could almost convince yourself that G.K. Chesterton had taken a 
seat on the Supreme Court.
  But perhaps the highest compliment I can pay to Justice Scalia is 
this: Several of his key opinions went against some of his staunchest 
supporters--and they still loved him. Why is that?
  The answer is simple: Even in disagreement, Justice Scalia's 
supporters had confidence that he did not make up his mind by reading 
the political tea leaves, by voting lockstep with ideological cohorts, 
or by working his way backward from a desired end to whatever means was 
necessary to reach that end. Rather, he actually attempted to

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interpret the law; that is, he consistently did his best to come to a 
conclusion based on the only items that make a Supreme Court opinion 
valid in the first place: text and logic.
  You don't have to take my word on this, though. Unlike many in our 
modern society who espouse ``diversity'' yet surround themselves with 
ideological yes-men, Justice Scalia actively sought out opposing views. 
His typical practice was to hire at least one ``liberal'' law clerk per 
term so that he would always have someone calling him out for 
unexpected mistakes and weaknesses. And in the wake of Scalia's 
passing, one of those clerks--a self-identified liberal--wrote the 
following:

       If there was a true surprise during my year clerking for 
     Scalia, it was how little reference he made to political 
     outcomes. What he cared about was the law, and where the 
     words on the page took him. More than any one opinion, this 
     will be his lasting contribution to legal thought. Whatever 
     our beliefs, he forced lawyers and scholars to engage on his 
     terms--textual analysis and original meaning. He forced us 
     all to acknowledge that words cannot mean anything we want 
     them to mean; that we have to impose a degree of discipline 
     on our thinking. A discipline I value to this day.

  I first met Justice Scalia in 1996, when I was serving as a law clerk 
for Chief Justice William Rehnquist, who was a judicial gamechanger in 
his own right. And I had the good fortune of knowing Scalia personally 
for 20 years. He was brilliant, passionate, and full of humor. He 
adored his wife, Maureen; his nine children; and his 36 grandchildren. 
He had a zest for life. He relished anchovy pizzas at A.V. Ristorante 
Italiano, where he would take his law clerks and the clerks of other 
Justices. Over the decades, Scalia inspired and mentored a generation 
of conservatives on the bench and in the legal academy.
  Any advocate who stood before Justice Scalia, as I was privileged to 
do nine times, knew to expect withering questions that would cut to the 
quick of the case. When he was with you--when he believed the law was 
on your side--he was ferociously with you. And when he was against you, 
he would relentlessly expose the flaws in your case.
  President Ronald Reagan could not have picked a better person to 
exemplify the true, nonpartisan role of a judge. A philosopher-king 
Justice Scalia was not. Rather, he showed the world, with his trademark 
wit and impassioned personality, what a legitimate, limited, and 
principled judiciary would actually look like. An incomparable writer, 
Scalia's legacy will live on for generations. He wasn't perfect, but he 
was close. What his supporters--myself included--treasured especially 
was the rock-solid ground he gave us on which to expect so much more 
from everyone else. And in doing so, he, along with Chief Justice 
Rehnquist and others, helped spark a revolution on a Court where 
politics and power had been the only guideposts for decisionmaking for 
far too long. That, more than anything else, is Scalia's great 
contribution to the Nation and will be his steadfast legacy.

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