“Life in the law doesn’t have to be dull,” Scalia said. “I hope I haven’t lost a sense of humor as I’ve gotten older.”
His classmates say they did not predict their sometimes jocular peer would one day be a Supreme Court Justice.
“He was obviously smart and quick and seemed to relish conversation about the coursework and sundry issues that it raised,” Michelman wrote.
“I don’t recall envisioning any of my classmates a Supreme Court justice; it just was not the sort of thought that would have entered my mind at the time.”
Since President Ronald Reagan appointed Scalia to the bench, he has often been called the intellectual leader of the conservative wing of the court, according to Fallon.
“He is an absolutely brilliant writer. Perhaps the best stylist ever to serve on the Supreme Court,” Fallon said.
While Fallon is quick to praise the craftsmanship of Scalia’s prose, like many Faculty members at the nation’s law schools, Fallon disagrees with Scalia’s judicial philosophy.
Scalia is an originalist who believes in interpreting the Constitution in a manner that adheres to the Founders’ original intentions. Scalia said his alma mater is not uniquely responsible for teaching young lawyers to embrace shifting interpretations of the Constitution, a position which he opposes.
“You can’t just blame it on Harvard. It’s the overwhelming philosophy in law schools and on the bench,” he said.
He said he believes that mentality has even made its way into public discourse.
“The people believe the Constitution means whatever they care passionately about,” Scalia said.
He was also displeased with changes in the judicial nomination process, where, Scalia said, some politicians approve nominees based on how they are expected to vote in politically charged cases.
Despite knowing he was conservative, the Senate approved his appointment in 1986 with 98 votes, Scalia said. Now, he said, he does not know if he could get 60—the number of votes necessary to overcome a filibuster.
“The process has gotten much more adversarial,” he said.
The Senate is currently considering the Supreme Court nomination of Solicitor General and former Dean of Harvard Law School Elena Kagan, with whom Scalia has also crossed paths at Law School events. In an interview with The Crimson on May 18, Scalia’s comments about Kagan were brief, but positive.
“I consider Elena Kagan a friend,” he said. “I’m sure that I would get along very well with her were she to be on the court. Beyond that it is none of my business.”
—Staff writer Eric P. Newcomer can be reached at newcomer@fas.harvard.edu.