PoliticalTests

Antonin Scalia

Associate Justice of the U.S. Supreme Court (1986-2016) · Judge, U.S. Court of Appeals for the D.C. Circuit (1982-1986) · Assistant Attorney General, Office of Legal Counsel (1974-1977) · Law professor

Supreme Court justice for nearly 30 years and the leading judicial voice for originalism and textualism, known for sharply worded dissents.

ECONOMYSTATE AND LIBERTYSOCIETYWORLDOwnershipMarketsWelfareAuthoritySecurityStructureMoralityReligionTechnologyCultureTradeForeign
  • Position
  • Solid, past the ring: second pole
  • Short, inside the ring: first pole
  • Balanced

★ Antonin Scalia on 12 axes

Share of each pole

Economy

Equality / Markets
  • OwnershipNo clear record
    PublicPrivate
  • MarketsNo clear record
    PlannedFree
  • WelfareNo clear record
    SharedSelf-reliant

State and liberty

Liberty / Authority
  • AuthorityMild: Strong leader
    DemocraticStrong leader
  • SecurityMild: Order
    LibertyOrder
  • StructureModerate: Local
    LocalCentral

Society

Progress / Tradition
  • MoralityStrong: Traditional
    ProgressiveTraditional
  • ReligionModerate: Religious
    SecularReligious
  • TechnologyNo clear record
    EmbraceCaution
  • CultureNo clear record
    MulticulturalNational identity

World

Global / Nation
  • TradeNo clear record
    GlobalProtected
  • Foreign policyNo clear record
    CooperationStrength

How we placed it

Judgment calls

Positions summarize typical stances from primary sources and reference works. Where an axis is genuinely contested, the reasoning is below.

Ownership
As a judge he rarely took policy positions on economics; economic axes are left null rather than inferred from case outcomes.
Authority
A strong defender of executive power, as in his lone Morrison v. Olson dissent, but he also dissented in Hamdi v. Rumsfeld to insist on habeas corpus for a citizen detainee; scored mildly toward the strong-executive pole.
Security
Upheld the death penalty and voted to overrule Miranda, yet wrote pro-defendant opinions in Crawford and Kyllo and joined the flag-burning majority in Texas v. Johnson.
Morality
Dissented in Casey, Romer, Lawrence and Obergefell, but argued these questions belonged to voters and legislatures rather than that the Constitution required traditional outcomes.
Religion
Generally favored accommodating religion in public life, though his opinion in Employment Division v. Smith narrowed religious exemptions from general laws.

7 axes are marked as no clear record: there is no reasonable basis to place Antonin Scalia there, so matching leaves them out.

Who was Antonin Scalia?

Antonin Scalia (1936-2016) was born in Trenton, New Jersey, to an Italian immigrant father and grew up in Queens. He graduated from Georgetown and Harvard Law School, practiced at Jones Day, taught at Virginia and Chicago, headed the Justice Department's Office of Legal Counsel under Gerald Ford and served on the D.C. Circuit. Ronald Reagan named him to the Supreme Court in 1986, and the Senate confirmed him 98-0, making him the first Italian-American justice. He served until his death in Texas in February 2016.

Political views

  • Advocated originalism in constitutional interpretation and textualism in reading statutes, opposing the idea of a 'living Constitution'.

    Source: oyez.org
  • Wrote the majority opinion in District of Columbia v. Heller (2008), holding that the Second Amendment protects an individual right to keep a handgun at home.

    Source: law.cornell.edu
  • Argued in his Casey dissent (1992) that the Constitution neither guarantees nor forbids abortion and that states should decide.

    Source: law.cornell.edu
  • Dissented alone in Morrison v. Olson (1988), arguing that the independent counsel law violated the separation of powers.

    Source: en.wikipedia.org
  • Dissented in Lawrence v. Texas and Obergefell v. Hodges, saying same-sex marriage should be decided by voters rather than courts.

    Source: en.wikipedia.org
  • Considered the death penalty constitutional and dissented from rulings barring execution of juvenile and intellectually disabled offenders.

    Source: en.wikipedia.org
  • Wrote that government can never have a compelling interest in remedying past discrimination through racial preferences.

    Source: en.wikipedia.org

Legacy

Admirers regard Scalia as the most influential conservative jurist of his era: he helped make originalism and textualism mainstream methods, and Justice Elena Kagan remarked that 'we are all textualists now'. He received a posthumous Presidential Medal of Freedom, and George Mason University renamed its law school for him. Critics argued that his originalism tended to produce conservative results on abortion, gay rights and affirmative action, and that his scathing dissents coarsened debate on the Court. Others note that his method sometimes led to outcomes he disliked, such as protecting flag burning, and his close friendship with Justice Ruth Bader Ginsburg is often cited as an example of civility.

In their words

The States may, if they wish, permit abortion on demand, but the Constitution does not require them to do so.
Dissent in Planned Parenthood v. Casey, 1992

★ 12 Axes Political Test ★

How close are you to Antonin Scalia?

Answer plain statements on 12 axes and see your match with Antonin Scalia and every other profile on the site, axis by axis.

FAQ

Antonin Scalia: questions

What is originalism?

Originalism is the view that the Constitution should be read according to its public meaning when it was adopted. Scalia was its best-known advocate on the Supreme Court and contrasted it with a 'living Constitution' approach.

Who appointed Antonin Scalia?

Ronald Reagan appointed him to the D.C. Circuit in 1982 and nominated him to the Supreme Court in 1986. The Senate confirmed him unanimously, 98-0.

Were Scalia and Ruth Bader Ginsburg friends?

Yes. Despite opposing judicial philosophies they were close friends who shared a love of opera, and their friendship inspired the comic opera Scalia/Ginsburg.