The Fusion of Jurisprudence and Politics
This chapter explains the second reason for Justice Antonin Scalia’s enduring historical significance in understanding American constitutionalism. The chapter argues that he was closely allied with the Republican Party and shared the values of the social groups that constituted the party’s base. His jurisprudence and judicial career reflected that fact and did so to an unusually high degree, implementing the conservative agenda in such areas as civil rights and cases involving the Federal Rules of Civil Procedure, all designed to handicap plaintiffs across the board, especially those who sued governments and corporations. Thus, the chapter argues that Scalia’s jurisprudence and career exemplified a second fundamental characteristic of American constitutionalism, the close and informing relationship that exists between personal politics on one hand and formal methodologies and theories on the other. In his books, articles, speeches, and opinions, Scalia became a public celebrity and gave voice to virtually every theme in the conservative coalition’s rhetoric, and in the great majority of the cases he supported results consistent with the goals and values of that coalition.