Ian Samuel: Judge Scalia’s tenure in ‘minority’ on key issues shows the importance of standing as a matter of principle



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The late Supreme Court Justice Antonin Scalia’s persistence in defending his principles when it comes to issues like Roe v. Wade, where he was in the minority on the bench, served no purpose, but rather helped the current generation of textualist judges to have case law and Other writings to study and engage with, the former forensic scientist Ian Samuel told Tucker Carlson on the latest “Tucker Carlson Today” on Fox Nation.

Samuel, who described himself as an “American Catholic Socialist,” told Carlson that Scalia was a giant during his tenure and at the same time treated all of his employees and employees as if they were nonetheless part of his. family.

He said Scalia’s legacy will jointly be a legacy of compassion for his fellow legal scholars and for his strong case law on issues he deemed important to plead.

Carlson pointed out to Samuel that Scalia’s written decisions often featured prose “accessible to non-experts” and laymen, rather than just other law-educated lawyers and the like.

Regarding his minority positions on cases like Roe and others, Samuel said the Trenton, New Jersey native understands this, but remaining steadfast in his analysis allows judges like his eventual successor, Justice Neil Gorsuch, to have a case law to consider.

“Scalia spent most of his time on the Supreme Court realizing that he was going to be in the minority for a lot of the things that interested him,” said Samuel.

“So, for example, he never had a majority in court for his opinions on abortion, for example, which he spent all the time in court thinking that Roe v. Wade and Planned Parenthood v Casey are like mistakes the court should never have made. wandered into. “

“But he got it, you know, especially at the end – look, I won’t have a majority on this tribunal for those views. So who do I write for? I write for the casebooks and the students. who will grow up reading the stuff I try to make them believe, because one day these people will themselves be Supreme Court judges. “

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Current judge Amy Coney Barrett, who succeeded Clinton-appointed Ruth Bader Ginsburg, is most closely related to Scalia. The Indiana lawyer, like Samuel, was also a clerk for the late judge.

“There is a generation of federal judges that Trump appointed who all grew up reading these Scalia dissent and found them compelling,” Samuel added. “And so he played kind of a long game, where it’s like – ‘you know I might lose right now, but he’s coming another day and I’m writing for the people who will be here later, maybe. be long after I’m gone ‘. “

Samuel further commented on how Scalia, no matter how much of a well-respected and high-profile figure he has become, never shied away from showing respect to his subordinates:

“When I knew him he was an older man. And he always described his paralegals as being like his nieces and nephews, which was – I think it was a touching description of an only child. , because he didn’t have any nieces and nephews, ”he said.

“He was a very, very nice boss, like a tough boss, but… the way he treated the people who worked for him gave me a constant intolerance for [mean] bosses. “

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