Constitutional Law

I'm Conservative, But Not Biased, Scalia Says ... So Get Over Bush v. Gore

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U.S. Supreme Court Justice Antonin Scalia is admittedly a conservative and a law-and-order guy.

But he’s not biased, he tells 60 Minutes in an interview with Lesley Stahl that is to be broadcast on Sunday’s television program. And he describes as “nonsense” lingering claims that he (and other justices) decided one of their most famous cases in recent memory, Bush v. Gore, on political rather than legal grounds.

The court voted 7-2 on the main issue in the case, whether Florida’s ballot recount methods were constitutional, he notes, adding that those who object to the result should simply “Get over it. It’s so old by now.”

Asked why he gets along so well with Justice Ruth Bader Ginsburg, whose liberal views about cases before the court tend to differ significantly from his own, Scalia says the two can disagree without attacking one another personally.

“I attack ideas, I don’t attack people, and some very good people have some very bad ideas,” he tells Stahl. “And if you can’t separate the two, you got to get another day job. You don’t want to be a judge, at least not a judge on a multi-member panel.”


After you’ve watched 60 Minutes Sunday night, be sure to visit ABAJournal.com for an exclusive interview with the justice—chock-full of tips on how you can be a better advocate—and excerpts from his new book, Making Your Case, plus our podcast. It’ll all be on our home page Sunday at 8 p.m ET.

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