Skip to main content

Happy Anniversary, Justice Scalia

Today, September 26, marks the 25th anniversary of Antonin Scalia being sworn in as an Associate Justice of the Supreme Court of the United States. Justice Scalia is the longest-serving Justice currently sitting on the Supreme Court, but he has a way to go to break the record: Justice William O. Douglas sat on the bench from April 17th, 1939 until November 12, 1975, for a total of 36 years, 7 months, and 8 days.

To celebrate (or lament, depending on your point of view) this momentary occasion, here are some resources by and about Justice Scalia:


A brief biography of Justice Scalia (and all the current Justices) can be found on the Court's website, and the Federal Judicial Center also provides a summary of his professional career. Additional information about Justice Scalia, including snippets of notable media coverage and a commentary on his prescence on the Court directed at lawyers who may be arguing before him in the future, can be found in Volume 2 of the Almanac of the Federal Judiciary.

A PDF of the Senate hearings on Scalia's nomination is available through the GPO's FDSys:


Besides over 800 opinions (including concurrences and dissents) he has authored as a Supreme Court Justice, here are some other notable works by Justice Scalia:

Antonin Scalia et al., A Matter of Interpretation: Federal Courts and the Law (Amy Gutmann ed., 1997) [containing an essay on statutory interpretation by Scalia, followed by responses from four leading constitutional law experts]

Antonin Scalia & Bryan A. Garner, Making Your Case: The Art of Persuading Judges (2008)

Antonin Scalia, "The Bill of Rights: Confirmation of Extant Freedoms or Invitation to Judicial Creation?," in Litigating Rights: Perspectives from Domestic and International Law (Grant Huscroft & Paul Rishworth eds., 2002)

Antonin Scalia, "God's Justice and Ours: The Morality of Judicial Participation in the Death Penalty," in Religion and the Death Penalty: A Call for Reckoning (Erik C. Owens, John D. Carlson, & Eric P. Elshtain eds., 2004)

Antonin Scalia, Sovereign Immunity and Nonstatutory Review of Federal Administrative Action: Some Conclusions from the Public-Lands Cases, 68 Mich. L. Rev. 867 (1970)

Antonin Scalia, The Disease as Cure: "In Order to Get beyond Racism, We Must First Take Account of Race", 1979 Wash. U. L.Q. 147 (1979)

Antonin Scalia, The Two Faces of Federalism, 6 Harv. J. L. & Pub. Pol'y 19 (1982)

Antonin Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 Suffolk U. L. Rev. 881 (1983)

Antonin Scalia, The Role of the Judiciary in Deregulation, 55 Antitrust L.J. 191 (1986)

Antonin Scalia, Responsibilities of Regulatory Agencies under Environmental Laws, 24 Hous. L. Rev. 97 (1987)

Antonin Scalia, The Rule of Law as a Law of Rules, 56 U. Chi. L. Rev. 1175 (1989)

Antonin Scalia, Originalism: The Lesser Evil, 57 U. Cinn. L. Rev. 849 (1989)


Some excellent works about Justice Scalia include:

Richard A. Brisbin, Jr., Justice Antonin Scalia and the Conservative Revival (1997)

Ralph A. Rossum, Antonin Scalia's Jurisprudence: Text and Tradition (2006)

James Brian Staab, The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court (2006)

Joseph L Gerken, What Good is Legislative History?: Justice Scalia in the Federal Courts of Appeals (2007)

Joan Biskupic, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia (2009)


Popular posts from this blog

Spying and International Law

With increasing numbers of foreign governments officially objecting to now-widely publicized U.S. espionage activities, the topic of the legality of these activities has been raised both by the target governments and by the many news organizations reporting on the issue.For those interested in better understanding this controversy by learning more about international laws concerning espionage, here are some legal resources that may be useful.

The following is a list of multinational treaties relevant to spies and espionage:
Brussels Declaration concerning the Laws and Customs of War (1874).Although never ratified by the nations that drafted it, this declaration is one of the earliest modern examples of an international attempt to codify the laws of war.Articles 19-22 address the identification and treatment of spies during wartime.These articles served mainly to distinguish active spies from soldiers and former spies, and provided no protections for spies captured in the act.The Hagu…

Citing to Vernon's Texas Codes Annotated: Finding Accurate Publication Dates (without touching a book)

When citing to a current statute, both the Bluebook (rule 12.3.2) and Greenbook (rule 10.1.1) require a  practitioner to provide the publication date of the bound volume in which the cited code section appears. For example, let's cite to the codified statute section that prohibits Texans from hunting or selling bats, living or dead. Note, however, you may remove or hunt a bat that is inside or on a building occupied by people. The statute is silent as to Batman, who for his own safety, best stay in Gotham City.
This section of the Texas Parks and Wildlife code is 63.101. "Protection of Bats." After checking the pocket part and finding no updates in the supplement, my citation will be:
Tex. Parks & Wild. Code Ann. § 63.101 (West ___ ). When I look at the statute in my bound volume of the Texas Parks and Wildlife Code, I can clearly see that the volume's publication date is 2002. But, when I find the same citation on Westlaw or LexisNexis, all I can see is that the …