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Question of the Week

Given the Chance, What Would You Ask Justice Scalia?

Posted Feb 4, 2009 4:03 PM CST
By Molly McDonough

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This week's news that U.S. Supreme Court Justice Antonin Scalia scolded a would-be law student who dared to ask him why the high court shuns cameras drew a surprising amount of interest.

Clearly, many of our readers have a fascination with his honor.

So this made us wonder ...

If given the chance, what question would you like to ask Justice Scalia?

Answer in the comments below. Bonus points if you have met the justice and can share details of the encounter.

Read last week's question and 160-plus answers about work wear.

Our favorite answer from last week:

Posted by JME: "It has been a bit cold recently, morning temps hovering around 15 below zero, so - cowboy boots, black denim jeans, thick sweater, and when I go out, my black overcoat (hides my pistol - and yes, I do pack one) and my nice beaver felt cowboy hat. If I go to court, I do own a nice suit, but the hat and boots are always there - I do have an image to maintain, after all. (and I leave the gun in the pickup truck when I go to court.)"

Comments

1.

Dick Watson
Feb 4, 2009 8:00 PM CST

why so arrogant when the young man asked you a simple question.  You insulted and embarrassed the young man…..

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2.

B. McLeod
Feb 4, 2009 9:18 PM CST

Actually, she was a young woman.

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3.

Paul the Magyar
Feb 5, 2009 12:05 PM CST

“At what point does a Supreme Court Justice start believing that he has privileges and mental attributes of such superhuman quality that he need not be civil to his fellow justices and to the citizens whom he serves?”

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4.

Hugh Lowe
Feb 5, 2009 2:49 PM CST

I am reminded of the old joke that made the point that you can’t call a judge a jackass, but you can call a jackass a judge.

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5.

bonedaddy
Feb 6, 2009 6:55 AM CST

What’s it like being the “Justice Scalia Show?”

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6.

John Fahsbender
Feb 6, 2009 6:55 AM CST

I’d like to know how he makes his red sauce, and whether he bakes or fries his meatballs.

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7.

Bob
Feb 6, 2009 7:04 AM CST

Would you be willing to participate in a clinical trial seeking a cure for “Black Robe Syndrome”?

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8.

Lit Lawyer
Feb 6, 2009 7:15 AM CST

“Why did you ‘borrow’ your analogy about passive and active suicides in Cruzan from Hamlet’s gravedigger’s scene without giving Shakespeare any credit or mention?”

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9.

Tra Laignel
Feb 6, 2009 7:18 AM CST

Any plans on retiring in the near future?

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10.

Sheldon Rubin
Feb 6, 2009 7:58 AM CST

Should each Justice be required to complete an Ethics Questiionnaire every 3 years?If your answer is no,why not.

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11.

Ira
Feb 6, 2009 8:02 AM CST

I’m with #1.  How does a lifelong record of extreme arrogance lend itself to thoughtful and fair judgments?

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12.

GLK
Feb 6, 2009 8:15 AM CST

Quack! Quack!  Did you say this as an indication of what others should say when they meet you?

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13.

hugheyshort
Feb 6, 2009 8:18 AM CST

How often do you use the basketball court located in the Supreme Court building?

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14.

Nick Caggiano
Feb 6, 2009 8:50 AM CST

I had the opportunity to meet Justice Scalia twice. The first time was at an ABA sponsored CLE event at the Supreme Court several years ago. We were at at a reception prior to a dinner at which he was to be the speaker. I was conversing with a small group of lawyers, and Justice Scalia approached our group and cordially introduced himself to each of us. Prior to this, some of the lawyers in the group were anxious to ask him questions relative to his activities on the bench. But, during his introductions, when he saw from my name tag that I was Italian American, he made note of that in a nice way. That broke the ice, and I asked him how he liked living in the DC area, being formerly from New York, and he said it was OK, but it was hard to get really good Italian bread like they have in New York. I was living in Northern Virginia at the time and shared his concern, which lead to a nice conversation about bread and family and other shared interests—but NOT his judicial activities. He was clearly more interested in discussing these things than being asked questions about legal matters (much to the surprise of the others in our little circle). I met him once again at an event sponsored by the Delaware St. Thomas More Society, where I introduced him to my wife to whom he was very cordial, and again there was no discussion about legal matters. At both functions, he delivered very impressive speeches. He impressed me as being a good family man, very down to earth, yet obviously gifted as a lawyer and judge. If he scolded a young would-be law student, maybe she deserved it…

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15.

harold NISSEN
Feb 6, 2009 8:58 AM CST

In my view Supreme Court justices should have a term of no more than ten years and thenifthey want to continue should be assigned to one of the Circuit Courts or a District Court

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16.

Joe
Feb 6, 2009 9:05 AM CST

There are those who believe that the fabric of society is woven through our interactions with each other, both friends and strangers alike.  How do you respond to the criticism that your interactions with your fellow Justices (whose intellectual capacity and character you have repeatedly attacked), and with complete strangers, damage that fabric?

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17.

Hadley V. Baxendale
Feb 6, 2009 9:06 AM CST

I’d ask:  “why cameras are banned at the Supreme Court, even though court hearings are open, transcripts are provided and justices “go out on book tours.”

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18.

Joe Budar
Feb 6, 2009 9:15 AM CST

Comment removed by moderator.

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19.

AC
Feb 6, 2009 9:20 AM CST

I would ask Justice Scalia how he puts up with all the garbage thrown at him by the media, law school professors, and the like.

Anyone who ever critically reads his opinions, or his other works (e.g., his books) sees that this man is an amazing writer, is incredibly intelligent, has a good sense of humor, and holds true American ideals as being nearly of religious importance. 

In other words, anyone who could look past a position he doesn’t agree with would see not only a patriot, but a man with true moral clarity (whose position will not change based solely upon popular thinking at the time).

Law and justice are truths, not political tools.  Unfortunately, many writers on this site don’t seem to agree. 

The disrespect shown to Justice Scalia by his fellow attorneys on this site is truly disgusting.  I don’t care what your political views are, as an attorney (or aspiring attorney) you should have more respect for Supreme Court Justices, all of them.

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20.

xyz
Feb 6, 2009 9:20 AM CST

I would ask him what it is like to be on a court in which he is the brightest and the “brashest” compared to the other spineless ninnies.

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21.

john Seib
Feb 6, 2009 9:24 AM CST

anyone who saw Scalia’s interview with Leslie Stahl on “60 Minutes” would recognize that he is both shallow ans arrogant.
get over Bush v. Gore? Torture at guantanomo bay cant violate the 8th amendment’s prohibition of cruel and unusual punishment because it cant be punishment….because the victim is not being rationally “punished” for a sepcific act?
This is not the magnificent intellect that we have been led to believe.

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22.

Espey
Feb 6, 2009 9:26 AM CST

“If someone spoke to and treated your dear mother the way you speak to and treat others, what would you think of that someone?”

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23.

DanRather
Feb 6, 2009 9:31 AM CST

Comment removed by moderator.

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24.

IJS
Feb 6, 2009 9:37 AM CST

How about the disrespect Justice Scalia shows to others?  His attitudes are not appropriate for an Associate Justice of the Supreme Court.

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25.

CaptainOver
Feb 6, 2009 9:39 AM CST

Have you ever seen a grown man naked?

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26.

Opie&Anthony;
Feb 6, 2009 9:41 AM CST

Do you still visit porn.com?

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27.

nobody_special
Feb 6, 2009 9:42 AM CST

The question was legitimate but rudely asked.  The “book tour” thing was meant as a dig and has nothing to do with cameras in the court room.  You aren’t entitled to answers to your questions, so the best way to get an answer if you want one is to be respectful.

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28.

D. Chase
Feb 6, 2009 9:42 AM CST

Why were there 18 essay questions on our 4 hour con law final?!

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29.

Andy the Lawyer
Feb 6, 2009 9:54 AM CST

Since in your jurisprudence secondary sources and writings other than legislative history and prior published opinions are without precedential or persuasive value,  why should we buy and read your book?”

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30.

Reginald Porter
Feb 6, 2009 9:55 AM CST

I’d ask him why he is such a huge douche.

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31.

Andy the Lawyer
Feb 6, 2009 10:02 AM CST

If Dick Cheney is extradited to The Hague to stand trial before the World Court for war crimes, will you still have access to his Texas friends’ bird hunting preserves?

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32.

Andy the Lawyer
Feb 6, 2009 10:06 AM CST

What good is an immortal soul if coupled to really bad manners?

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33.

Chef Goof
Feb 6, 2009 10:07 AM CST

I’d ask Justice Scalia if he would like to come over for dinner.  If he says yes, then I’d ask what kind of wine he likes.  He would be welcome in my home any day of the week .  Have meet the man and enjoyed his compnay.

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34.

ARB
Feb 6, 2009 10:11 AM CST

I agree with #26 that the question was rudely asked.  However, a professional jurist in a public setting should, in my opinion, ignore the rude aspect of the question and address the substance.  As for the question I would like to ask Justice Scalia, it is this:  “What newspapers and periodicals do you read on a regular basis?”

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35.

Linda Cole
Feb 6, 2009 10:29 AM CST

I would ask him if he has any plans on writing a book about how to win friends and influence people.

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36.

Heywood
Feb 6, 2009 10:38 AM CST

How can a strict constructionist ignore “a well regulated Militia, being necessary to the security of a free State” when interpreting the Second Amendment?  Isn’t ignoring the plain language of the Constition commonplace among those you would refer to as revisionist judges?

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37.

YC
Feb 6, 2009 10:50 AM CST

#36, you have displayed your ignorance of what Justice Scalia writes in the Heller decision.

He addresses this clause in great detail.

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38.

John Fenner
Feb 6, 2009 10:57 AM CST

How does the “Original Intent” Doctrine square with today’s widespread use of that abomination to the Founding Fathers—paper money?  Would you vote against it?

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39.

wl
Feb 6, 2009 11:05 AM CST

The book tour ending to the question was an uncalled for dig. It was rude, and deserved to be shot down. If only some of our other public figures would do so, perhaps the interviews coducted by the media would be legitimate and not an effort to trap a public figure or advance the career of the interviewer ( see “which magazines do you read”)

I have met Justice Scalia at a dinner and was amazed at his grace, wit and intellect, as was every one else attending.

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40.

Robert Gould
Feb 6, 2009 11:13 AM CST

Justice Scalia why doesn’t respect for the judicial system and professionalism extend
bilaterally from the bench to counsel and not only from counsel to the bench?

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41.

David Cook
Feb 6, 2009 11:32 AM CST

Accepting the maxim, “there is no excuse for being rude”, why do you persist in doing so?

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42.

George D. Carey
Feb 6, 2009 11:41 AM CST

Dear Justice Scalia:
Would you please help me get cameras banned in my courtroom?
Your friend, Lance Ito

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43.

Kory
Feb 6, 2009 11:44 AM CST

So what do you think about the hypocrisy of liberal media’s unfair selective attacks upon conservative judges while failing to critically analyze the complete left wing nut jobs on the 9th Circuit Court of Appeals who have an appalling rate of their decisions being overturned? To quote the country’s best President, Ronald Reagan, “There they go again!”

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44.

don gindy
Feb 6, 2009 11:46 AM CST

Did the signers of the Consitution intend for the document to evolve, that is, to accept new concepts within its language as the country grew?  If so, have previous members of the Court been correct in recognizing that evolution?  Have you been true to the findings of those previous members of the Court in your time on the Bench?

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45.

Bob Mac
Feb 6, 2009 11:52 AM CST

My question to Justice Scalia. 
I understand you adhere to the principal of original intent for interpreting the Constitution.  One of our separate branches of the military is the US Air Force.  The Constitution, in its original intent, is sllent about the US Air Force.
How is this possible if original intent is a valid philosophy?

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46.

Aaron
Feb 6, 2009 11:52 AM CST

I met and spoke with Justice Scalia at a Federalist Society event at Notre Dame.  I found him to be warm, authentic, clever, genial, deft and witty.  Even when pressed regarding some apparent inconsistencies in his jurisprudential philosophy with respect to federal common law (or the non-existence thereof) he was remarkably forthright and intellectually honest in recognizing these inconsistencies, and discussing them openly with well-meaning students and professors who were genuinely interested in meaningful scholarly discourse and understanding.  I would also echo Mark Cargianno’s comments, Justice Scalia was funny and personable, and though perhaps I disagree with him and his approach to some questions of constitutional and legislative interpretation, I do not doubt his passionate and sincere commitment to serving justice and the law, and I find him far less arrogant and brash than the uncivilized dregs who too often contribute to these comment boards.  I ‘d say you should be ashamed of yourselves, but you obvious have not shame. Besides, you are unserious and I would likely be wasting my time.

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47.

YC
Feb 6, 2009 11:54 AM CST

I have a few questions:

Justice Scalia, why do so many ignorant people choose to make a career out of the law? 

Follow-up question: Do you think we should require a certain IQ to be a lawyer, and if so, what should the required IQ be?

Question 2:  Should we require new law school graduates to have real-world experience (e.g., paying bills, having a job; seeing how the world works) before letting them sit for the bar? 
Follow-up:  Do you think that blind idealism is enough to make it in the law? 

Question 3:  Why are so many of our peers so full of themselves? 

Question 4:  Can I please clerk for you? 

I think that’s a good start.

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48.

Bill Combs
Feb 6, 2009 12:07 PM CST

Wasn’t the original intent of the U.S. Constitution to provide for “open courts”?  Wouldn’t cameras in the courtroom advance that intent?

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49.

DanRather
Feb 6, 2009 12:09 PM CST

Comment removed by moderator.

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50.

heywood
Feb 6, 2009 12:27 PM CST

#37, it you who shows your ignorance.  Scalia wastes much ink describing why he ignors what he calls a prefatory clause.  He doesn’t tacitly ignore the phrase.  He gives the clause no weight.  He ignores it.

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