Cass R. Sunstein, Columnist

The Scalia I Knew Will Be Greatly Missed

The justice was a generous, kind and graceful colleague.

"A great man, and a deeply good one."

Photographer: Chip Somodevilla/Getty Images
Lock
This article is for subscribers only.

When Stephen Breyer, President Bill Clinton's second appointment to the Supreme Court, was sworn in as an associate justice at a White House ceremony in 1994, Justice Antonin Scalia came up to me, put his arm around my shoulder, and said with a bright, mischievous smile, “First Ruth, and now Steve? Cass, it’s ALMOST enough to make me vote Democrat.”

Antonin Scalia was witty, warm, funny, and full of life. He was not only one of the most important justices in the nation’s history; he was also among the greatest. With Oliver Wendell Holmes and Robert Jackson, he counts as one of the court’s three best writers. Who else would say, in a complex case involving the meaning of a statute, that Congress does not “hide elephants in mouseholes”?