A Law Clerk’s Reflections on Justice Scalia
With the passing of Justice Antonin Scalia, America has lost not only a great jurist, but one of the great conservative leaders of our time alongside men like Ronald Reagan and Barry Goldwater. In his opinions, Justice Scalia articulated a philosophy grounded in separation of powers that made clear that, ultimately, the only views that matter in a democratic republic are the views that are enacted into the positive law through our republican form of government. He believed that legislation is almost always the art of the deal; therefore, the only thing that matters is the words that were enacted into law, because they capture that deal. We also have lost the single best and most articulate defender of traditional views, which today are under constant attack. This is where Justice Scalia’s contributions and leadership were so critical and why he will be so sorely missed, for in defending his view of the Constitution, Justice Scalia defended our view of the world.