For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century,[7] and one of the most important justices in the history of the Supreme Court.
Scalia's opinions drew the attention of Reagan administration officials, who, according to The New York Times, "liked virtually everything they saw and ... listed him as a leading Supreme Court prospect".
[45] Scalia, who attended the hearing with his wife and nine children seated behind him, found time for a humorous exchange with Sen. Howard Metzenbaum (D-OH), whom he had defeated in a tennis match in, as the nominee put it, "a case of my integrity overcoming my judgment".
The matter rapidly reached the Supreme Court, which struck down the law as violating the Presentment Clause of the Constitution, which governs what the president is permitted to do with a bill once it has passed both houses of Congress.
Scalia opined that the AUMF (Authorization for Use of Military Force Against Terrorists) could not be read to suspend habeas corpus and that the Court, faced with legislation by Congress that did not grant the president power to detain Hamdi, was trying to "Make Everything Come Out Right".
[56] Although Scalia was not referring to any particular individual, the Supreme Court was about to consider the case of Salim Ahmed Hamdan, supposed driver to Osama bin Laden, who was challenging the military commissions at Guantanamo Bay.
The Supreme Court ruled unconstitutional the provision that imposed those duties as violating the Tenth Amendment, which reserves to the states and to the people those powers not granted to the federal government.
[59] In 2005, Scalia concurred in Gonzales v. Raich, which read the Commerce Clause to hold that Congress could ban the use of marijuana even when states approve its use for medicinal purposes.
[19] In his dissenting opinion in the 1992 case of Planned Parenthood v. Casey, Scalia wrote: The States may, if they wish, permit abortion on demand, but the Constitution does not require them to do so.
[71] University of Chicago law professor Geoffrey R. Stone, a former colleague of Scalia's, criticized Gonzales, stating that religion had influenced the outcome because all five justices in the majority were Catholic, whereas the dissenters were Protestant or Jewish.
Scalia noted: This is not, of course, an "educational benefit" on which students will be graded on their Law School transcript (Works and Plays Well with Others: B+) or tested by the bar examiners (Q: Describe in 500 words or less your cross-racial understanding).
[80] In 1995, however, that ruling was effectively gutted by Romer v. Evans, which struck down a Colorado state constitutional amendment, passed by popular vote, that forbade antidiscrimination laws' being extended to sexual orientation.
[84] According to his biographer, Joan Biskupic, Scalia "ridiculed" the majority in his dissent for being so ready to cast aside Bowers when many of the same justices had refused to overturn Roe in Planned Parenthood v.
In his dissent, Scalia stated that the Court's decision effectively robbed the people of "the freedom to govern themselves", noting that a rigorous debate on same-sex marriage had been taking place and that—by deciding the issue nationwide—the democratic process had been halted.
[100] He claimed there was "no basis" for the Court to strike down legislation that the Fourteenth Amendment did not expressly forbid, and directly attacked the majority opinion for "lacking even a thin veneer of law".
Scalia dissented, stating that it would not have been considered cruel or unusual to execute mildly mentally retarded people at the time of the 1791 adoption of the Bill of Rights and that the Court had failed to show that a national consensus had formed against the practice.
The Court struck down a conviction for marijuana manufacture based on a search warrant issued after such scans were conducted, which showed that the garage was considerably hotter than the rest of the house because of indoor growing lights.
[113] "Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem.
[118] David Rivkin, from the conservative standpoint, said, "He (Scalia) did more to clarify and limit the bounds and scope of judicial power than any Supreme Court Justice in history, particularly in the area of standing and class actions".
[119] Scalia concurred in the 1990 case of Cruzan v. Director, Missouri Department of Health, in which the family of a woman in a vegetative state sought to have her feeding tube removed so she would die, believing that to have been her wish.
[128] Conor Clarke of Slate comments on Scalia's written opinions, especially his dissents: His writing style is best described as equal parts anger, confidence, and pageantry.
Maggs suggested: With Justice Scalia breathing down the necks of anyone who peeks into the Congressional Record or Senate reports, the other members of the Court may have concluded that the benefit of citing legislative history does not outweigh its costs.
[143] Professor Thomas Colby of George Washington University National Law Center argued that Scalia's votes in Establishment Clause cases do not stem from originalist views but simply from conservative political convictions.
[154] Walter Sinnott-Armstrong, writing in Law and Philosophy, later chronicled such calls and contended that "There were many ways for Justice Scalia's sons to benefit from a decision in favor of Bush.
[161][162] According to John Boehner, as chairman of the House Republican Conference, he sought to persuade Scalia to run for election as vice president with Bob Dole in 1996.
As related by Boehner, Scalia listened to the proposal and dictated the same reply Justice Charles Evans Hughes had once given to a similar query: "The possibility is too remote to comment upon, given my position".
[190] The conspiracy theory was promoted by William Ritchie, a former head of criminal investigations for the Metropolitan Police Department of the District of Columbia, and by Alex Jones, a far-right talk show host.
This work describes numerous "canons," or rules regarding how to interpret legal documents ... A mere seven years since its publication, Reading Law has been cited in over 1,000 state and federal cases.
[219][220] According to NBC News, tributes to "larger-than-life Supreme Court Justice Antonin Scalia poured in [from] both sides of the political aisle" following his death.
[236] On January 31, 2017, Republican President Donald Trump announced the nomination of Judge Neil Gorsuch of the Tenth Circuit Court of Appeals to succeed Scalia.