Justice Scalia On The Record

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





Text Size:  A  A  A
Play Video
PlayVideo

Justice Scalia Speaks Part 1

The U.S. Supreme Court's Antonin Scalia discusses his public and private life in a remarkably candid interview with Lesley Stahl. | Share/Embed


ADVERTISEMENT
"Making Your Case: The Art of Persuading Judges"
by Antonin Scalia and Bryan A. Garner


Answers.com

(CBS) He's one of the best writers on the panel, known for a bold and colorful style. He told Stahl he has to work at it - that it doesn't come easy.

He some times quotes Cole Porter, and references Greek tragedies. Scalia says he does it because, "It makes the opinion interesting, which might induce somebody to read it."

But he can also use his pen as a sword to attack the writings of his colleagues. For instance, he once called a Breyer decision "sheer applesauce."

Ginsburg has also been the target of some of Scalia's zingers: he called one of her opinions "absurd," another "implausible speculation," and another "self-righteous."

"How about, 'This opinion is not to be taken seriously.' He wrote that about Justice O'Connor," Ginsburg points out. "He's rather mild I think in the adjectives that he uses for me. But you can take every one of those words, run his opinions and you'll see that he, all of us are implausible when we disagree with him."

Asked if she ever takes it personally, Ginsburg says, "No, I take it as a challenge. How am I going to answer this in a way that's a real put down?"

"I’m trying to figure out if there was ever real anger," Stahl says.

"I would say exasperation is the word," Ginsburg replies.

"As annoyed as you might be about his zinging dissent, he's so utterly charming, so amusing, so sometimes outrageous, you can't help but say 'I'm glad that he’s my friend' or he's my colleague,'" she adds.

"What's interesting is the difference between how you appear in person and the image that you have. Because the writings are so often combative, and your friends say that you're charming and fun," Stahl tells Scalia.

"I can be charming and combative at the same time," Scalia replies. "What’s contradictory between the two? I love to argue. I've always loved to argue. And I love to point out the weaknesses of the opposing arguments. It may well be that I'm something of a shin kicker. It may well be that I'm something of a contrarian."

He's a contrarian with a pugnacious temperament. He loves to "take 'em on," as he often does with the lawyers who argue cases before the court. Some of his victims from white shoe law firms have been brought to near tears under his scorching questioning.

"Look, if you let counsel just stand up there and talk he's just going to regurgitate his brief. I've read his brief. I've underlined significant passages. I've written 'nonsense' in the margin," Scalia says.

"So you want to tell him it's nonsense to his face," Stahl asks.

"I want him to tell me why this isn't nonsense," Scalia says.

Of all the cases that have come before him on the court, Bush v. Gore may have been the most controversial. It has been reported that he played a pivotal role in urging the other justices to end the Florida recount, thereby handing the 2000 election to George Bush. The subject came up at the Oxford Union.

"Supposing yourself as a Supreme Court justice were granted the power to appoint the next president of the United States. Who would you pick and why? And would he or she be better than your last choice?" a student asked Scalia.

"You wanna talk about Bush versus Gore. I perceive that," he replied. "I and my court owe no apology whatever for Bush versus Gore. We did the right thing. So there!"

"People say that that decision was not based on judicial philosophy but on politics," Stahl asks.

"I say nonsense," Scalia says.

Was it political?

"Gee, I really don’t wanna get into - I mean this is - get over it. It's so old by now. The principal issue in the case, whether the scheme that the Florida Supreme Court had put together violated the federal Constitution, that wasn't even close. The vote was seven to two," Scalia says.

Continued

   1  |   2  |  3  |   4  |   5  |   6  |   7  |   8  >







Text Size:  A  A  A

Comments [ + Post Your Own ]

Now you're in the public comment zone. What follows is not CBS News stuff; it comes from other people and we don't vouch for it. A reminder: By using this Web site you agree to accept our Terms of Service. Click here to read the Rules of Engagement.

Back To Top Back To Top