Request for Examples of Justice Scalia's Linguistic Skills

dpinello at jjay.cuny.edu dpinello at jjay.cuny.edu
Mon Aug 15 02:38:44 PDT 2005


I want to add an argument to my recent essay on Justice Scalia, 
pointing out that his linguistic acumen provides a reasonable basis to 
infer that the Justice, say in Lawrence, could fashion a phrase such 
as "same-sex intimacy" for the place of "homosexual sodomy," an 
example suggested by Bobby Lipkin a few days back.  To bolster the 
argument, I want to supply a few eye-catching samples of Justice 
Scalia's nimble skills as a wordsmith.

This list's subscribers are far more familiar, collectively, with the 
Justice's judicial output than am I.  So I ask for suggestions of 
revealing examples of his facility with words.

One instance that I've always admired is the last sentence in this 
paragraph from the dissent in Morrison v. Olson:

As for the second question, whether the statute before us deprives the 
President of exclusive control over that quintessentially executive 
activity: The Court does not, and could not possibly, assert that it 
does not. That is indeed the whole object of the statute. Instead, the 
Court points out that the President, through his Attorney General, has 
at least *some* control. That concession is alone enough to invalidate 
the statute, but I cannot refrain from pointing out that the Court 
greatly exaggerates the extent of that "some" Presidential 
control. "Most importan[t]" among these controls, the Court asserts, 
is the Attorney General's "power to remove the counsel for 'good 
cause.'" This is somewhat like referring to shackles as an effective 
means of locomotion.

Are there equal -- or better -- illustrations?

Many thanks,
Dan Pinello


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