Best buds: Scalia, RBG, and the friendship that rose above progressive bloodlust.
In many interviews, Scalia said that you cannot be a judge if you cannot disagree with your colleagues in a professional manner–and he never took disagreements with his colleagues personally over his long legal career. While the subject of a 60 Minutes segment on CBS, Scalia told Lesley Stahl “I attack ideas. I don’t attack people. And some very good people have some very bad ideas. And if you can’t separate the two, you got to get another day job. You don’t want to be a judge–at least not a judge on a multi-member panel.”
You can see how that in the deluge of admiration, love, and respect that was outpoured by the legal community and his colleagues, many of whom he most certainly had sharp disagreements, though all acknowledged the great imprint he left on American jurisprudence. While not doing law, Ginsburg and Scalia often celebrated New Year’s Eve together with their families. Besides being a fan of the opera, he was an avid hunter, with Justice Elena Kagan being his “hunting buddy.” Scalia had directly suggested to David Axelrod, then-senior adviser to President Obama, that they should send Elena Kagan to sit on the Supreme Court. Axelrod was seated at the same table as Scalia during the White House Correspondents’ Dinner several years ago, which is when he made the suggestion. Sonia Sotomayor was nominated instead, but when John Paul Stevens decided to retire–Kagan’s number was called up. Axelrod later found out, like Ginsburg, that both were friends as well. Why suggest a liberal be on the Court? Well, there’s a Democratic president, meaning a no-go on an originalist candidate, but she’s “smart,” and qualified to be on the Court. On the latter two, Scalia’s odds were better.
While viewed as one of the anchors of the conservative wing of the Supreme Court, Scalia held positions that put him at odds with others who share that label, specifically many voters in the Republican Party. He voted to strike down Texas’ flag desecration statute, arguing that burning American flags is protected free speech. At the same time, he did comically say that he would throw this person into jail if he were king.
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