On other occasions, he defended vigorously the constitutional protection of free speech, while expressing personal distaste for some of its consequences. “I do not like scruffy people who burn the American flag,” he once commented, “but regrettably, the First Amendment gives them the right to do that.” When rejecting attempts by the state of California to restrict the sale of violent video games to children, he argued that there was no tradition of protecting children from violent imagery, citing the pecking out of Cinderella’s stepsisters’ eyes. Scalia was also distinctive on the Supreme Court as the first Italian-American to reach that office. He was born in 1936 as the only child of a Sicilian immigrant, who became a professor of languages, and a mother who was a schoolteacher. He graduated top of his class at Georgetown University and moved to Harvard Law School, where he edited the prestigious Harvard Law Review. His legal career included academic posts at the universities of Virginia and Chicago, as well as a spell honing as general counsel of the White House Office of Telecommunications Policy under President Nixon. In 1982, President Reagan appointed him to the US Court of Appeals in Washington before, in 1986, promoting him to the Supreme Court bench. Scalia’s robustly conservative approach and strong Catholic MASTER SCALIA INNER TEMPLE YEARBOOK 2016–2017 faith endeared him to a strand of US opinion that began to assert itself over controversial social and moral issues in the so-called ‘culture wars’ – though he insisted his religious beliefs played no role in his legal opinions. In a 1996 speech, Scalia urged Christians to “pray for the courage to endure the scorn of the sophisticated world”. When an interviewer responded to his reference to the devil, Scalia retorted by saying: “You’re looking at me as though I’m weird … My God! Are you so out of touch with most of America, most of which believes in the devil?” Scalia’s family life also followed a conservative pattern. He met his wife, Maureen, on a blind date in 1960 while he was at law school and she was studying English at Radcliffe College. Of their marriage, he once quipped: “I take care of the Constitution. She takes care of everything else … That’s the deal.” They had nine children, the result, he once said, of “Vatican roulette … We were both devout Catholics, and [that] means you have children when God gives them to you.” One child, Paul, became a priest, while Eugene and John are lawyers, Christopher is a PR executive, Catherine and Margaret work for the universities in Virginia, and Ann is in health care. Matthew is a US army officer and Mary works for local government in Philadelphia. When not engaged in the legal world, Scalia enjoyed poker and smoking pipes. He was also a music lover, once appearing with one of his most prominent judicial opponents Justice Ruth Bader Ginsburg as a Washington opera extra. Ginsburg disagreed regularly with him on legal matters, but described Scalia as “an absolutely charming man” who “can make even the most sober judge laugh.” Among many of his critics, though, Scalia’s views were far from amusing, most recently when, in a hearing on affirmative action case, he spoke with apparent approval of an assessment that it benefited minority students to attend “a less advanced school, a slower-track school where they do well.” The angry response such comments attracted was, to Scalia, inevitable given his challenge to what he saw as a flawed attempt, sometimes led by judges, to promote a liberal society. “A man who has made no enemies”, he once claimed, “is probably not a very good man.” Antonin Scalia, US Supreme Court Justice, was born on 11 March 1936. He died in his sleep on 13 February 2016, aged 79. Courtesy of The Times 109
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