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|succeeded=[[Neil Gorsuch]]

'''Antonin "Nino" Scalia''' (March 11, 1936 – February 13, 2016) joined the U.S. [[Supreme Court]] as an Associate Justice in 1986, and quickly became its most outspoken [[conservative]] jurist. He filled a vacancy created by the retirement of Chief Justice [[Warren Burger]] and nomination of Associate Justice [[William Rehnquist]] to become Chief Justice. President [[Ronald Reagan]] nominated Scalia at the same time that he nominated Rehnquist for Chief Justice, and most opposition in the [[United States Senate|Senate]] focused all their opposition on the Rehnquist nomination. Scalia was confirmed by unanimous vote, while Rehnquist was confirmed over substantial opposition. Scalia's unexpected vacancy then sparked national opposition to [[Obama]] filling it.

Justice Scalia was more outspoken off the court than on it, where he was typically silent in the denial of conservative petitions for certiorari,<ref>Justice Scalia has written wrote dissents from denials of cert only about three times in the past a decade, a rate of less than 1 in 20,000 cert denials.</ref> and he often joins joined liberal colleagues in opinions. <ref>Scalia's off-the-court commentary has caused problems for himself, as when ''pro se'' litigant Dr. Michael Newdow successfully filed a motion that led to Justice Scalia recusing himself from Newdow's challenge to the Pledge of Allegiance to avoid the appearance of a conflict of interest.<ref>[supreme.lp.findlaw.com/supreme_court/briefs/02-1624/03-7.recuse.pdf]</ref> Scalia once quipped about himself to the media, "Ah yes, esteemed jurist by day, man about town by night."<ref>http://www.oyez.org/justices/antonin_scalia/</ref> Scalia's written dissents were sometimes scathing, as in ''[[Obergefell v. Hodges]]'', in ridicule of the Court opinion written by the less [[conservative]] Republican-appointed Justice [[Anthony Kennedy]].

Justice Scalia was the author, with the support of three liberal Justices, of the 5-4 5–4 decision declaring the sale of extremely violent [[video games]] to children to be a right of free speech under the [[First Amendment]], which no law can limit. He is more likely than Justices Alito or Thomas to join [[liberal]] Justices in a non-[[conservative]] ruling, and vice-versa. In one of the biggest cases of the 2013-2014 Term, ''Harris v. Quinn'', Justice Scalia's hostile questioning of the conservative side at oral argument implied that he was the least willing among conservatives to support a decision to end mandatory membership dues for public sector unions, which would have reduced liberal political power enormously. Scalia also agrees with liberals in arguing that the Constitution is somehow too difficult to amend. ==Early life==Scalia was born on March 11, 1936, in Trenton, New Jersey, the only child to Salvatore Eugene Scalia and Catherine Panaro Scalia.<ref>[https://books.google.com/books?id=eb9x3GHuLdIC&pg=PA1 The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court]</ref>

Justice Scalia embraced advocated a judicial philosophy of "[[textualism]]" or "[[originalism]]" (original meaning" ) in interpreting the [[United States Constitution|U.S. Constitution]] and federal [[statute]]s. He opposed speculation about the intent of the drafters and the view that the Court must interpret the language figuratively. In speeches and legal writings, Justice Scalia emphasized the "Rule of Law."<ref>Scalia, "The Rule of Law as a Law of Rules," 56 U. Chi. L. Rev. 1175</ref> Some mistake Justice Scalia's philosophy as "strict constructionism." But Justice Scalia was not a [[strict constructionist]] as, for example, [[Thomas Jefferson]] was. A strict constructionist applies constitutional provisions narrowly, but Justice Scalia has criticized that approach. Instead, Justice Scalia applies several provisions of the Constitution very broadly, such as the [[First Amendment]] (to protect flag-burning) and the [[Sixth Amendment]] (to protect a right to cross-examine even a lab technician if he performed [[DNA]] analysis). Many of Scalia's opinions reflected a view that the Court needs to be predictable to lawmakers. His administrative opinions expressed a commitment to a transparent judiciary over excessive formalism, and a strong wish to "clear the brush" out of confusing doctrines. His dissents in jurisprudence such as [[Roe v. Wade]] and its progeny often pointed out logical inconsistencies and doctrinal missteps taken by other members of the Court to reach their desired end. ===Living Constitution===Scalia was generally an opponent to the concept of a [[Living and breathing constitution]]. He would sometimes give outbursts of frustration that the [[Constitution]] is "dead".<ref>[http://www.npr.org/templates/story/story.php?storyId=90011526 Scalia Vigorously Defends a 'Dead' Constitution], [[NPR]]</ref>

Some mistake Justice Scalia's philosophy as "strict constructionism." But Justice Scalia was '''''not''''' a [[strict constructionist]] as, for exampleHowever, at talk at [[Thomas JeffersonPrinceton University]] was. A strict constructionist applies constitutional provisions narrowly, but Justice Scalia has criticized explained that approach. Instead, Justice Scalia applies several provisions of the Constitution very broadlyis not living nor dead, such as the but rather it is enduring.<ref>[[First Amendmenthttps://www.princeton.edu/main/news/archive/S35/52/39O50/index.xml?section=featured Scalia favors 'enduring,' not living, Constitution]] (to protect flag-burning) and </ref> He described the Constitution that way on a routine basis.<ref>[[Sixth Amendment]] (to protect https://www.washingtonpost.com/archive/politics/1997/05/23/a right to cross-examine even a lab technician if he performed speechless-scalia-puts-unlikely-spin-on-his-conservatism/3827dda8-f695-429e-ad13-3c9ec244ccb1/ A Speechless Scalia Puts Unlikely 'Spin' On His Conservatism], [[DNAWashington Post]] analysis).</ref>

Many of In a debate with [[Stephen Breyer]], Scalia's opinions reflect brought up a view that line from the Court needs to be predictable to lawmakerscase [[Trop v. His administrative opinions express Dulles]] which is frequently used. The case references "the evolving standards of decency that mark the progress of a commitment maturing society", to a transparent judiciary over excessive formalismwhich Scalia said:<blockquote>I detest that phrase, because I'm afraid that societies don't always mature. Sometimes they rot. What makes you think that human history is one upwardly inclined plane: every day, in every way, we get better and a strong wish better? It seems to "clear me that the brush" out purpose of confusing doctrinesthe Bill of Rights was to prevent change, not to foster change and have it written into a Constitution. His dissents in jurisprudence such as <ref>[[Roe vhttps://academic. Wade]] and its progeny often point out logical inconsistencies and doctrinal missteps taken by other members oup.com/icon/article/3/4/519/791958/The-relevance-of the Court to reach their desired end-foreign-legal-materials-in-U-S The relevance of foreign legal materials in U.S. constitutional cases: A conversation between Justice Antonin Scalia and Justice Stephen Breyer]</ref></blockquote>

*In ''[[Johanns v. Livestock Mktg. Ass'n]]'', Justice Scalia declared that "[w]e have generally assumed, though not yet squarely held, that compelled funding of government speech does not alone raise First Amendment concerns"<ref>544 U.S. 550, 559 (2005).</ref> -- in —in other words, the democratic majority can compel government speech by the political minority.

After serving more than two decades on the Court, Justice Scalia's first major decision was in ''D.C. v. Heller'', where he held together a narrow 5-4 decision in favor of an individual right to bear arms. During the tenure of Chief Justice [[William Rehnquist]], he Rehnquist tended to assign key decisions to himself to draft.<ref>''See, e.g.'', key 5-4 opinions written by Chief Justice Rehnquist in ''United States v. Morrison'', 529 U.S. 598 (2000) (invaliding federal law over domestic violence based on federalism); ''Boy Scouts of Am. v. Dale'', 530 U.S. 640 (2000) (holding that the Boy Scouts have a constitutional right not to allow openly homosexual scout leaders).</ref> Chief Justice [[John Roberts]], who replaced Rehnquist, also seems to be keeping the key decisions for himself to write.<ref>''Rumsfeld v. Forum for Academic and Institutional Rights, Inc.'', 547 U.S. 47 (2006)</ref>

Justice Scalia often cited his work in his opinions. For example, in Justice Scalia's dissent in the [[Establishment Clause]] case of ''McCreary County v. ACLU'', 545 U.S. 844 (2005), Justice Scalia cited six of his prior concurrences and dissents, and one of his own law review articles(Scalia dissenting opinion was that the government may favor religion over [[Atheism|irreligion]]).

Scalia died unexpectedly on Feb 13, 2016, apparently in of a heart attack during his sleep, after indicating ; he had hours earlier indicated that he was not feeling well. He was staying at a ranch less than hour from hunting lodge, the Cibola Creek Ranch in Presidio County, [[Texas]], near the [[Mexico|Mexican ]] borderon lands once owned by the [[Big Bend National Park|Big Bend]] cattle baron [[Milton Faver]].<ref>https://www.washingtonpost.com/news/powerpost/wp/2016/02/13/inside-cibolo-creek-ranch-the-luxury-resort-where-scalia-died/</ref><ref>John MacCormack, "Faver First Cattle King West of the Pecos: Mysterious rancher lived like nobility in arid W. Texas", ''San Antonio Express-News'', February 4, 2018, p. A8.</ref>  [[George Mason University]] proposes to name its law school in honor of Justice Scalia. In an unprecedented move, the Senate did not conduct a confirmation hearing for the [[liberal]] [[Merrick Garland]]. Garland was Obama's nominee to succeed Scalia.<ref>http://www.abajournal.com/magazine/article/senate_hold_on_merrick_garland_nomination_is_unprecedented_almost/</ref> The Court remained incomplete for the remainder of Obama's term, which was more than six months. The Senate chose this action because it knew that Obama's nominee was a leftist who would shift the court to the left and would [[Judicial Activism|legislate]] even more oppressive and unconstitutional decisions than it already had. Scalia himself did not retire during the Obama Administration because he knew of the damaging consequences that would result from such a move.<ref>Coyle, Marcia; Mauro, Tony (October 29, 2012). [http://www.niu.edu/polisci/faculty/profiles/ward/ward_files/ElectingaSupremeCourt.pdf Electing a Supreme Court]. ''The National Law Journal''. Retrieved Janary 22, 2017.</ref>

{{DEFAULTSORT: Scalia, Antonin}}[[categoryCategory:United States Supreme Court Justices]][[Category: Conservatives]]