Justice Scalia On The Record

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





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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


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(CBS) That awareness has at times brought this man - usually so confident and charge ahead - to bouts of despair, and he was taken aback that we knew about it.

"You’ve apparently had some down times in your tenure on the court so far. And I’m pointing to the term of 1995-96 when you wrote to former Justice Blackmun at the time, and here's what you said: 'I am more discouraged than I have been at the end of any of my previous nine terms.' You also wrote that you were beginning to repeat yourself, and you did not see much 'use in it anymore,'" Stahl remarks.

"Gee, I hadn’t remembered that I’d written it," Scalia says.

"It says, 'I am beginning to repeat myself,'" Stahl says.

"That's true. That is something that gives me some concern. I mean after a while, you know, I’m saying the same things in today’s dissent that I said in a dissent 20 years ago," Scalia explains.

"Around that same time you wrote, 'The court must be living in another world. Day by day, case by case it is busy designing a Constitution for a country I don't recognize,'" Stahl says.

"Yeah. That's how I felt," Scalia says.

"Past?" Stahl asks.

"It’s been less dire in more recent years," Scalia replies.

"In other words, you’ve had down times," Stahl asks.

"Yeah, I think so. I’m happier sometimes than at other times. And the end of a term, I don’t care what term it is, it’s usually a disappointment," Scalia says.

That's because - until recently - he was often on the losing side in cases he cared about most. Over the last several years Scalia has reached outside the court, speaking out publicly about his philosophy, in hopes of influencing the next generation. It’s a role he relishes.

"Little kids come to the court, they’re brought by their teachers. And they recite very proudly what they’ve been taught. I mean, this is how widespread the no-'The Constitution is a living document.' And I have to tell them 'It’s a dead document,'" Scalia told the students at the Oxford Union.

He says the speeches energize him, but at 72, Stahl wondered if he ever thinks about retiring.

"When I first came on the court I thought I would for sure get off as soon as I could which would have been when I turned 65. Because you know, justices retire at full salary. So there's no reason not to leave and go off and do something else. So you know, essentially I've been working for free, which probably means I'm too stupid to be on the Supreme Court," Scalia says, laughing. "You should get somebody with more sense. But I cannot - what happened is, simply I cannot think of what I would do for an encore. I can't think of any other job that I would find as interesting and as satisfying."

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