Justice Scalia On The Record

60 Minutes' Lesley Stahl Interviews The Supreme Court Justice About His Public And Private Life

(CBS)  This segment was originally broadcast on April 27, 2008. It was updated on Sept. 12, 2008.

Not many Supreme Court justices become famous, but Antonin Scalia is one of the few. Known as "Nino" to his friends and colleagues, he is one of the most brilliant and combative justices ever to sit on the court and one of the most prominent legal thinkers of his generation.

He first agreed to talk to 60 Minutes correspondent Lesley Stahl last spring about a new book he's written on how lawyers should address the court. But over the course of several conversations, our story grew into a full-fledged profile - his first major television interview - including discussions about abortion and Bush v. Gore.

At 72, Justice Scalia is still a maverick, championing a philosophy known as "orginalism," which means interpreting the Constitution based on what it originally meant to the people who ratified it over 200 years ago.

Scalia has no patience with so-called activist judges, who create rights not in the Constitution - like a right to abortion - by interpreting the Constitution as a "living document" that adapts to changing values.

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Asked what's wrong with the living Constitution, Scalia tells Stahl, "What's wrong with it is, it's wonderful imagery and it puts me on the defensive as defending presumably a dead Constitution."

"It is an enduring Constitution that I want to defend," he says.

"But what you're saying is, let's try to figure out the mindset of people back 200 years ago? Right?" Stahl asks.

"Well, it isn't the mindset. It's what did the words mean to the people who ratified the Bill of Rights or who ratified the Constitution," Scalia says.

"As opposed to what people today think it means," Stahl asks.

"As opposed to what people today would like," Scalia says.

"But you do admit that values change? We do adapt. We move," Stahl asks.

"That's fine. And so do laws change. Because values change, legislatures abolish the death penalty, permit same-sex marriage if they want, abolish laws against homosexual conduct. That's how the change in a society occurs. Society doesn't change through a Constitution," Scalia argues.

He's been on a mission as an evangelist for originalism, at home and around the world.

For example, he visited the Oxford Union in England.

"Sometimes people come up to me and inquire, 'Justice Scalia, when did you first become an originalist?' As though it's some weird affliction, you know, 'When did you start eating human flesh?'" Scalia told students, who replied with laughter.

They may be laughing, but in the U.S. Scalia is a polarizing figure who invites protestors and picketers. There haven't been many Supreme Court justices who become this much of a lightening rod.

"I’m surprised at how many people really, really hate you. These are some things we've been told: 'He’s evil.' 'He's a Neanderthal.' 'He’s going to drag us back to 1789.' They're threatened by what you represent and what you believe in," Stahl remarks.

"These are people that don't understand what my interpretive philosophy is. I'm not saying no progress. I'm saying we should progress democratically," Scalia says.

Back at the Oxford Union, Scalia told the students, "You think there ought to be a right to abortion? No problem. The Constitution says nothing about it. Create it the way most rights are created in a democratic society. Pass a law. And that law, unlike a Constitutional right to abortion created by a court can compromise. It can…I was going to say it can split the baby! I should not use… A Constitution is not meant to facilitate change. It is meant to impede change, to make it difficult to change."

[hrb266]

"Get Over It!"

Says it all.

[byeneocons]

That means a lot coming from the most right wing activist partisan Supreme Court judge in American history.

Dear Judge Scalia: Maybe we could get over it easier if your boy hadn''t led us into two wars and a recession.

[mattalankane]

SCALIA MAKES LESLEY STAHL LOOK LIKE A BUCK.02 LIGHTWEIGHT!! YOUR AVERAGE TO ABOVE AVERAGE LIBERAL REPORTING HACK CAN''T MATCH WITT''S WITH SOMEONE OF THIS CALIBER...HE GOES BY 220 YEAR OLD CONSTITUTIONAL LAW NOT EMOTIONAL LIBERALISM....GIVE ME A BREAK...GO INTERVIEW SPEARS,LOHAN AND HILTON

[raywrtr]

Get over it? Tell that to the families of the four-thousand plus casualties in Iraq, that would have otherwise be with us today, had it not been for the politically motivated decision of the Supreme Court.

Scalia has always been an ultra right-ringed zealot, whose interpretation of the law only suits his own political agenda.

[jon2012-2009]

The gentleman protests too much. That''s when we should start counting the silver more carefully.

[r9119111]

Right.

[excoachken]

Next, he will be trying to sell us the Washington Monument. This liar can be "judged" by the company he keeps. Who else, but a facists, would go hunting with Cheyney while judging a case that involved Cheyney. I don''t know who he thinks will buy this B.S. except the dummies who were to stupid to understand his bias before this interview.

[ricknuber]

mattalankane:

Why do morons like yourself post IN ALL CAPS? I think you need to compliment your remedial history classes with some basic grammar skills.

[marbru-2009]

Oh come on w/your belly-aching - shall we debate whether it was fair for the pilgrims to have come to the America in the first place? - they did, the rest is history - no amount of complaining makes any difference and won''t change anything. Stop crying over spilt milk!

[truthspeake2]

I hope that no more of these idiots die until AFTER GW''s watch is over because this country can''t stand anymore of these "conservatives" for life on the Supreme Court!

[mbcsmith]

Wonder why CBS chose Uber-liberal Lesie Stahl to speak to a U.S. Supreme Court justice.

"On the abortion thing, for example, if indeed I were%u2026trying to impose my own views, I would not only be opposed to Roe versus Wade, I would be in favor of the opposite view, which the anti-abortion people would like to see adopted, which is to interpret the Constitution to mean that a state must prohibit abortion." "And you%u2019re against that?" asks Stahl. "Of course. There%u2019s nothing [in the Constitution to support that view]."

LIBS just won''t believe anyone who disagrees with them, often with disrespectful venom.

[ricknuber]

marbru:

By your flawed, simple-minded logic, Saddam Hussein should have never been prosecuted, because his crimes occurred in the past. Whether or not Scalia makes politically motivated decisions in his capacity on the SCOTUS is a pretty contemporary issue, which anyone should be able to raise at any time, since it effects us all.

Why do you hate America?

[bobnjersey]

[Furthermore, says the outspoken conservative justice, it was Al Gore who ultimately put the issue into the courts. "It was Al Gore who made it a judicial question%u2026. We didn%u2019t go looking for trouble. It was he who said, ''I want this to be decided by the courts,''" says Scalia. "What are we supposed to say -- ''Not important enough?''" he jokes. ]

spoken like a true partisan ... almost at the same time he says it wasn''t political.

does he think he''s fooling anyone?

[jumkey]

Wow, what an amazing liar.

The omissions and errors in fact just from the short quotes listed are noting sort of astounding, but not anything less than what I''ve come to expect from conservatives over the years.

Just one example: "It was Al Gore who made it a judicial question%u2026". No, actually, the title of the article says it itself "Bush v. Gore" - the plaintiff was BUSH, not Gore. BUSH brought the action before the Court, not Gore, and the Court agreed to hear it.

Blaming Gore for the decision Scalia himself reached is rank dishonesty and childish derision of the "nah nah nah" variety.

Scalia should be removed from the Court.

[jumkey]

LIBS just won''''t believe anyone who disagrees with them, often with disrespectful venom.

Posted by mbcsmith

Good point.

You''re an idiot.

[byeneocons]

I''m sorry mbcsmith. But when it comes to "disrespectful venom" I''m afraid you need only read these cbs boards to know that you and your right wing neocon nutjob friends have won that category hands down.

[vet999999]

Once again, the liberals jest don''t get it.
The consitution declares that each state is responsible for the maner in which it conducts elections and collects votes. Florida used the same paper ballots for decades. If the people in Florida don''t understand the significance of their own voting process, then they are the ones at fault. Gore made an issue because he could not stand the fact that the democrates in florida coult not conduct an election without *** it up. Need proof, just look at the current democratic primary. And you want the whitehouse, yea right.

[bobnjersey]

[Oh come on w/your belly-aching - shall we debate whether it was fair for the pilgrims to have come to the America in the first place? - they did, the rest is history - no amount of complaining makes any difference and won''''t change anything. Stop crying over spilt milk!]
[Posted by marbru at 01:21 PM : Apr 24, 2008]

it''s not spilt milk ... it''s the deciding of the presidential election on a vote margin of 534 votes ... in a state where 6,000,000 people voted.

do the math ... it''s well within margin of error ... and therefore the result is invalid.

has anything been done in seven years to deal w/ this if it happens again?

just like you said ... any amount of complaining won''t change anything ... like deciding presidential elections on 0.001% margins ... cause all those that could change it really don''t want to.

[mbcsmith]

If another president is installed, bought and paid for it is time for viva la revolution. The common ppl''''s wish was not heard during the 2000 election.


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Posted by fedupwithit1 at 01:32 PM : Apr 24, 2008

Bush won more popular vote than any president in history.

[bobnjersey]

[The consitution declares that each state is responsible for the maner in which it conducts elections and collects votes.]
[Posted by vet999999 at 01:33 PM : Apr 24, 2008]

then why is the ussc deciding on the way they chose to count the votes?

[doctorj2012]

I am reminded of Bill Hicks'' comments about the American attitude regarding the Kennedy Assasination:

"People keep saying: ''Man, that happened a long time ago. Just let it go.''

''Ok. Then don''t bring up Jesus to me!''

''You know, Jesus Died for you, Bill.''

''Yeah, it was a long time ago! Forget about it!''"

C''mon guys, get over it. Its just the takeover of democracy by a totalitarian government, let it go! Quit being whiney liberals, Gawd!

[likeitis5050]

James Spader said it best and said it all the other night on Boston Legal...''you all aren''t that hot anyway....'' and then proceeded to rip every one of them a new one. LOVED IT!!!!

[roboko-2009]

Duh! You whining simps completely miss the point! As Scalia reminded you; the vote was 7 to 2, not something Scalia imposed on his own.

[mbcsmith]

Just one example: "It was Al Gore who made it a judicial question%u2026". No, actually, the title of the article says it itself "Bush v. Gore" - the plaintiff was BUSH, not Gore. BUSH brought the action before the Court, not Gore, and the Court agreed to hear it.

Blaming Gore for the decision Scalia himself reached is rank dishonesty and childish derision of the "nah nah nah" variety.

Scalia should be removed from the Court.


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Posted by jumkey at 01:28 PM : Apr 24, 2008


Gore sued in the state of Florida. When the LIB Florida supreme court came up with a PARTIAL recount scheme in select counties, NOT the entire state, Bush THEN took it to the Supreme court.

[rowdytexan2]

Bush won more popular vote than any president in history.


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Posted by mbcsmith at 01:37 PM : Apr 24, 2008

Obviously he didn''t, since they had to send it to the Supreme Court in the first place! Get real!

[jack3213]

Wow Dr J- TO COMPARE JESUS WITH POLITICS- PERHAPS THAT IS THE PROBLEM WITH AMERICANS- WHEN THEY LUMP THE SUM TOGETHER THEY SEEM AS CONDFUSED AS A FACIST LIBERAL, BUT WHEN THEY ARE QUESTIONED ON THEIR HYPOCRISY & ETHICS, THEY CRY WOLF. PITIFUL

[ricknuber]

mbcsmith:

Too bad he had less popular vote than his opponent. Your post was typical smoke-and-mirrors Republican spin.

The majority of voters said Gore. The Supreme Court said Bush.

That''s not Representative Democracy. That''s not what the Founding Fathers designed.

Neocons: wrapped in the flag, waving a bible, spitting on the Constitution.

[creeper00]

Bush won more popular vote than any president in history.

Posted by mbcsmith at 01:37 PM : Apr 24, 2008

I''ve suspected for weeks that you were delusional. This is the proof.

From http://www.infoplease.com/ipa/A0876793.html

2000 Totals

Gore 50,999,897
Bush 50,456,002
Nader 2,882,955

Go peddle your lies somewhere else.

[johnpatrick9]

Gore won and bush and the neocon, military industrial complex pulled off a coup aided and abetted by the corporate swine who dominate the U.S. bUSH was never our President and will go down in history as an usurper. Part of CHENEY''S PLAN to create an American Empire and to destroy the American REPUBLIC. They are traitors one an all.

[bgwinnett]

The establishment of any political party -- conservative or not -- will always close ranks when required to,it''s in their nature to stick together.A conservative majority Supreme Court ruling in favor of their own side, is nothing at all of a surprise.

[charisma9949]

No one with half a brain believes that Bush legitimately won the presidency. It was bought and paid for. So much for our "democracy."

[roboko-2009]

Duh! You whining simps completely miss the point! As Scalia reminded you; the vote was 7 to 2, not something Scalia imposed on his own.

[ixoye_02]

The Supreme Court is stacked with eggheads who will eventually answer to a higher Judge. In any case, Scalia may say that the decision was not politically motivated but to the average voter on the street the decision was partisan. At least we gave Bush a chance to lead and Bush showed the country how inept a leader Bush really is. And hopefully, the country will elect someone who is NOT republican.

[pabernhard]

Except for the fact that John Roberts is younger and therefore will most likely be on the bench for at least 30 more years, Justice Scalia should have been the choice for Chief Justice.

[cavoter]

Wow, you people are truly ignorant. As another who posted a comment, I''m ashamed to be included in your company.

[likeitis5050]

I had voted for Gore and was quite upset at the time....but knowing now how absolutely inept he is at compiling data and manipulating information I would say the Supreme Court did a supreme job of saving us from him.

[vet999999]

then why is the ussc deciding on the way they chose to count the votes?

Posted by bobnjersey
--------------
Section 4 - Elections, Meetings

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators
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The suprememe court did not decide how the votes were to be counted. They just determined the vote and count as conducted was legal.

[truthspeake2]

Once again, the liberals jest don''''t get it.
The consitution declares that each state is responsible for the maner in which it conducts elections and collects votes. Florida used the same paper ballots for decades. If the people in Florida don''''t understand the significance of their own voting process, then they are the ones at fault. Gore made an issue because he could not stand the fact that the democrates in florida coult not conduct an election without *** it up. Need proof, just look at the current democratic primary. And you want the whitehouse, yea right.


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Posted by vet999999 at 01:33 PM : Apr 24, 2008


Oh, we get it alright, its just that we don''t have a Karl Rove playbook (we haven''t perfected being legal crooks, yet, but its becoming a work in progress), a brother of our candidate of choice who just happens to be governor of the state in question, a Kathleen Harris who was head of the Voting Commission and after-the-fact deal making republican with the Bush Administration, properly registered legitimate voters being removed from the books/records and labeled as felons, and a republican conservative supreme court, on our side.

But hey, of course, all things being truly equal in a perfect and just world, these things are all just coincidental...right!

[byeneocons]

It''s nice to know one of the top jurists in the world thinks "Bush v. Gore" means Gore filed the complaint.

[mbcsmith]

2000 Totals

Gore 50,999,897
Bush 50,456,002
Nader 2,882,955

Go peddle your lies somewhere else.



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Posted by creeper00 at 01:43 PM : Apr 24, 2008


Look at the 2004 totals. Bush won more popular votes than any president in history.

[broncfan1661]

Bush won more popular vote than any president in history.
Posted by mbcsmith at 01:37 PM : Apr 24, 2008
_______________________________________

I would like to see some proof of that as I was alway under the impression that Gore won the popular vote in 2000.

[inventagod]

You just don''t ''get over'' the worst administration in history. You do as the Democrats have always done - clean up the huge mess once the Repugs have faded into their ill-earned retirements...

[BlueInWI]

We''re all paying the price for this corrupt and politically motivated decision every single day.

If it wasn''t a poltical decision then why would the Supreme Court write a decision that they explicitly stated should *not* be considered precedent and only apply in this single instance. The purpose of the Supreme Court is to *define precedent* not make one-off decisions that satisfy their political whims.

As a matter of fact as a religious person I think the reason the reason 9/11 happened, all the natural disasters, and the beginning of this current economic disaster is God repaying us for overturning the will of the people.

Regardless, at least Al Gore still got 540,000 more votes than GW in 2000!

Scalia is 100% full of crud. Always has been and always will be. He should go hunting with Richard Cheney more often and just give Thomas two votes.

[mbcsmith]

It''''s nice to know one of the top jurists in the world thinks "Bush v. Gore" means Gore filed the complaint.


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Posted by ByeNeocons at 01:48 PM : Apr 24, 2008


He did. In the state of Florida, which started the whole mess.

[mike71067]

Idiot liberals have been complaining that the 5 judges that voted in favor of Bush were politically-motivated. But they have nothing to say about the 4 judges who voted for Gore.

Idiots.

[rudy654-2009]

He sounds like another candidate for alzheimer''s.

[rowdytexan2]

Duh! You whining simps completely miss the point! As Scalia reminded you; the vote was 7 to 2, not something Scalia imposed on his own.


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Posted by roboko at 01:46 PM : Apr 24, 2008

The Supreme Court votes was 7 to 2...yes, but Gore had the popular vote, and they quashed it like a bug!

[mbcsmith]

I would like to see some proof of that as I was alway under the impression that Gore won the popular vote in 2000.




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Posted by broncfan1661 at 01:49 PM : Apr 24, 2008


I refer you to the 2004 election totals. Bush won more popular votes than any president in history.

[mike71067]

"I would like to see some proof of that as I was alway under the impression that Gore won the popular vote in 2000."
-Posted by broncfan1661 at 01:49 PM : Apr 24, 2008

Read carefully - Bush won more popular votes than any PRESIDENT in history, not any CANDIDATE.

[jjp735i]

By a vote of 7-2, the Court held that the Florida Supreme Court''s method for recounting ballots was unconstitutional.

What was left out of that was: By a vote of 5-4, the Court held that no alternative method could be established within the time limits established by Florida Legislature. Guess who those 5 were?