The Contradictions of Antonin Scalia
Slate News
Slate Podcasts
4.5 • 6K Ratings
🗓️ 20 February 2016
⏱️ 49 minutes
🧾️ Download transcript
Summary
A week after the death of Justice Antonin Scalia, his former clerk Rachel Barkow shares fond memories of a mentor with whom she didn’t always agree politically. And legal scholar Akhil Reed Amar explains why Scalia didn’t always remain true to his originalist principles.
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Transcript
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| 0:00.0 | Hello and welcome to Amicus, Slate Supreme Court podcast. |
| 0:08.6 | I'm Dahlia Lithwick and I cover the court for Slate. |
| 0:13.2 | On the last regular episode of this show, you may recall that we talked about how little play |
| 0:18.1 | the Supreme Court was getting in this presidential election, despite |
| 0:21.1 | how really important it is? Well, what a difference a couple of weeks can make. |
| 0:26.7 | The surprise death just last weekend of Associate Justice Antonin Scalia has really sent shockwaves |
| 0:32.6 | through the country, not only reshaping the contours of this election, but potentially |
| 0:36.8 | shifting the ideological balance of the court, and triggering a constitutional game of chicken between President Obama and the Republican-controlled Senate. |
| 0:45.5 | Now, however this all plays out, you can be sure that we're at the very beginning of a democratic and constitutional soap opera that will represent the perfect dramatic capstone to Justice Scalia's larger-than-life career and persona. |
| 0:59.5 | You have by now surely heard many very, very smart people teasing out the possibilities for what happens next in what's sure to be a very long process of replacing Justice Scalia on the bench. |
| 1:11.9 | You've also probably heard a lot of partisan bickering about who he was, what his legacy is, |
| 1:19.0 | and how you should feel the way I feel about Justice Scalia all the time. |
| 1:23.9 | We thought on today's episode of Amicus, we'd stay away from some of that and stick to the facts. |
| 1:29.3 | So we're going to set aside the political gamesmanship. |
| 1:32.3 | We're even going to set aside the ideological yelling, and we're going to spend a little time instead, reflecting on who Antonin Scalia really was, both as a legal thinker and as a colleague and mentor. Later on in the show, we're going to |
| 1:45.9 | be joined by one of his former clerks to talk about what it was like to work in his chambers. But first, |
| 1:51.0 | we're going to dig down into Justice Scalia's intellectual and doctrinal legacy at the court. |
| 1:56.1 | People have been throwing around words like originalism and textualism and strict construction |
| 2:00.4 | all week long, |
| 2:01.7 | but what do they mean? Joining us from his New Haven office to help think through some of these |
| 2:06.4 | big questions is one of the people who has profoundly shaped my own view of the law and that of so many |
| 2:12.0 | others. Akil Rita Marr, Sterling Professor of Law and Political Science at Yale University, |
... |
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