who manypaul scalia, know. reverend paul scalia, brother. christopher scalia, brother. margaret scully bryce, sister. , oh wow.larson father-in-law. susan larson. mother-in-law. ist is powerful, that powerful stuff. a great family. as you know, this was just confirmed, the 28th secretary of labor. by a substantial vote in current politics. 53-40 four. i call that a landslide. in this administration, i call it a landslide. he is one of the most qualified people ever confirmed as secretary of labor and he will use his skills as he has over the years and he has built an extremely distinguished career to fight and win for the american workforce. he is a tremendous lawyer -- bachelor's degree at the university of virginia and went on to the university of chicago where he earned a law degree. 2003 he served as the top legal officer at the department of labor so he is very familiar with the environs. he earned a reputation as a brilliant and unbiased defender for the rights and protections of the american people. he moved to the private sector after his government service wher

ginsberg: i will give you a taste of scalia-ginsburg. it opens with scalia's rage aria. it is on delegated in style. -- undelegated in style. he says the justices are blind. how can they possibly sponsor this? the constitution says absolutely nothing about this. and then in my coloratura soprano voice, i answer, dear justice scalia, [indiscernible] problems don't have easy answers, but the great thing about our constitution is like our society, it can evolve. that sets up the difference between us. the plot of scalia-ginsberg is roughly based on the magic flute. >> [laughter] jus. ginsberg: scalia is locked up in a dark room. he is being punished for accepted dissenting. >> [laughter] jus. ginsberg: i then emerge from a glass ceiling. >> [laughter] [applause] jus. ginsberg: to help him pass the test he needs to pass to get out of the dark room. then a character left over from don giovanni. he said, he is your enemy. i say he is not my enemy, he is my dear friend. and then when we sing a wonderful duet -- >> [laughter] jus. ginsberg: that goes, we are different, we are on

judge sutton you clerked for both justice powell and scalia. two different approaches. how did those influence your view to be a judge quick. >> thank you for not mentioning this little thing i was hoping nobody would notice it. this is the problem to throw a 98 mile-per-hour fastball. the problem with that story is that i'm a righty and if i could and i was a lefty i would not have been a lawyer or supreme court clerk. so it was such a blessing. thank you for doing this and your leadership with the national constitution center the country is lucky and you have been amazing for that for all of us who care about the core in the constitution, all 51 of them. i really was lucky to have these clerkships. i went to ohio state. not a traditional path so that was lucky to start, but the greatest thing for me that year was working for two people that spoke entirely different languages about the constitution. justice powell came to the core as a practitioner, a pragmatic cared about civility and a case-by-case incremental judging, justice scalia was very much not that. his key a

and going into justice scalia's chambers, dark, leathery. there's a big dead animal looking down on you -- [laughter] so as i sat there interviewing justice scalia, i watched how he went from the kind of tough jurist that we all know, and his face just softened and lightened up as he talked about his good friend ruth. and he told several stories. one was when they traveled to india together, and they went to visit the taj mahal. and justice scalia described how he watched justice ginsburg listen to the tour guide describe the love story behind the building of the taj mahal, and he said he saw tears start to stream from her eyes. and as he told me that, i'm 98% sure i saw a tear not related to an opinion or a dissent come out of his eye. [laughter] and the other story that he likes to talk about was parasailing. justice ginsburg, as -- when she was a young 70-year-old, was in nice for a legal exchange and was standing in the hotel looking out at the water and saw all these people parasailing s. and she turned to her husband marty and said, ma

word in his songs but trump will continue to fill white house vacancies with people like scalia whose only purpose is to destroy the office they were sworn to protect like former e.p.a. had stopped pruitt who sued the e.p.a. over a dozen times as oklahoma's attorney general and took hundreds of thousands of dollars from the oil and gas industry and education secretary pepsi to vos a woman who thinks you can ride a syllabus get goose privatizing education at the expense of funding public schools and then there's rex tillerson here's to nielsen jeff sessions ryan zinke jonas. joaquin phoenix ok those last 3 didn't serve and one of them plays the joker but at least one goes he's a joke the rest of them have no excuse. reporting from washington natalie mcgill ok. you know your headline from the future this week trump pulled back the u.s. military on the border with turkey and now turkey is attacking the kurds tomorrow you'll read the. mainstream media furiously studying up to figure out why they're supposed to care deeply for kurds put fine with killing syrians or rocket iranians venezuel

[laughter] >> but she left out the ginsberg scalia moment to begin with.ustice scalia found her opinion outrageous and was very upset about the whole thing in his last sentence of his opinion said something like this will destroy. he use that word and i asked justice ginsburg about that w later and said not too long after the opinion with with the utmost confidence that it would be a better place with women and it will not be destroyed. and the wonderful thing about that was his when we weree there for the 21st anniversar anniversary, people were so proud and excited to have you in person come there after you had transformed the place. it was an audience almost as big as this. and in the back there were bleachers and they were all there in their uniforms and they allll stood up for ruth ginsburg and it was just remarkable. [applause] >> as it turns out and he was the sole dissenter men justice rehnquist joined my opinion. justice thomas was recused because his son attended there so that left scalia all alone. [laughter] and to know we felt about the caseth

opinionshese dueling with scalia on one side and ginsburg on the other. he thought it would make a very funny opera. with scalia's rage aria. and he sings the justices are possiblyw could they spout this? the constitution says absolutely nothing about this. and then in my coloratura the bravo voice i answer -- dear justice scalia, you are searching for right lights and solutions to problems that don't have easy answers. that is a great ring about our constitution, like our society, it can you ball. that sets up the difference between us. of scilly a ginsburg is roughly based on the magic flute. scalia is locked up in a dark room and punished for excessive dissenting. emerge through a glass ceiling. to help him pass the 10 -- the tests he needs to pass to get out of the dark room. and then there is a carryover from don giovanni. he says, who -- he is your enemy . why would you want to help him? is my dear- he friend. and then we sing a wonderful duet that goes -- we are different. we are one. different in our approach to one in legal text but our reverence

scalia did not want leroy in her house. so she paid to have it take back to the law clerk's house in colorado it was sitting in a giant crate in his garage occupying space and said if mister trump becomes president and if he nominates you i have a gift for you. [laughter] honestly i foolishly discounted all of that at zero. and six months later and then to have the first scalia law clerk reunion when one - - since he has passed. would you be my date? of course it halfway to dinner my betty with a big grin on his face rolled out a gigantic crate and presents me with leroy. [laughter] i'm very happy to have him watching down over my law clerks because we have a few things in common. we are both native coloradans. [laughter] we are both stuck in washington for the rest of our lives. [laughter] and neither one of us will ever forget antonin scalia. [applause] >> i once had the pleasure to receive a tour from him he took me up to the top floor and showed me the basketball court the supreme court chambers and said is the highest

scalia and said we are about to have the first scalia law kirk - - clerk reunion since my husband passedwill you be my date for the night? of course. halfway through dinner my buddy with a big grin on his face rolls out a gigantic crate and presents me with leroy. [laughter] i'm very happy to have them watching down over my law clerks because we share a few things in common. we are both native coloradans. [laughter] we are both stuck in washington for the rest of our lives and neither one of us will ever forget antonin scalia. [applause] >> speaking of your former boss i once had the pleasure to have a supreme court tour he took me to the top floor to show me the basketball court which is above the supreme court chambers and is therefore known as the highest court in the land. [laughter] do you ever sneak away to shoot a few hoops during the day? >> i like to ride my bike and ski and row. like to do a lot of things. occasionally i will go up there and i have happy memories up there. my old boss byron white who is now largely forgotten but i like to remember him a little bit the first jus

united states sucourt justice antonin scalia has died. >> scalia is found dead in s, in his bed one dayat to do in this... in this moment of crisis becomes probably the defining moment of, of mitch mcconnell's career. >> ...and breaking news, u.s.ne supreme court justice antonin... narrato mcconnell immediately understoodtohe political implications of scalia's death d ar >> the stakeenormous, because if you replace scalia. with a obama appointee, then you probably have five justices on thcourt that are going to move the court in a muchore progressive directio >> wit wthat vacancy, the quesquon is, will a republicanontrolled senate... >> narrator: president barack obama's replacement would give democrats a five-jus majority on the court. >> mitch mcconnell doesn't even wait for the day to end after antonin scalia dieto put out a statement saying, in effect, "we're not going to let president obama replace him." >> majority leader mitch mcconnell just releasing a statement. >> .this vacancy should not filled until we have a newha ident. >> "it doesn't matter if you name anybody or t, i'm..

and that is not justice scalia, by the way, justice scalia is definitely creature of the beltway, by the time he was on the court, so i do not think you have the same the, so in that sense, i rejected scalia a little bit and followed powell, but it is true on methods of interpretation, and that was a little bit of the influences of scalia for sure. what really grows out of his something all of us share throughout the day. it is hard to work and not leave it saying i care so much about this case, i love every employee, every feature, i would come back to argue, they would all remember your name. you felt like they were rooting for you, like they were rooting for every advocate. of course, one is going to lose, but i love the court as an institution, and one reason i embrace textualism, and perhaps people will disagree with me, i think it is more likely to protect the court as an institution, and get away from the politicizing. that have influenced me. in terms of my experiences with them, one that has influenced me, justice powell -- which has nothing to do with law, although maybe it

of had about -- antonin scalia a had about safety. we are going to try to hollow out that second half and the new york case that they seem to want to hear, it could be the trojan horse opportunity where they come in and say that theoretically congress could pass gun safety legislation but we will strike down everything they might consider. they basically would hollow out the idea that you couldn't and act common sense gun safety restrictions. people like myself could fully live within the spirit of what antonin scalia a was writing -- butnin scalia was writing, we are unsure the court will approach that in good faith. host: rodney is a democrat. good morning. caller: i just want to say a few things about the supreme court. i always thought it was a racist system. there hasn is -- never been a black men -- black woman. does the guest see a time where there may be a black lady elected to the supreme court? guest: i would hope so. one of the people on barack obama's short list for the merrick garland appointment was a judge here in d.c.

justice scalia: you say a quorum present during the trial, right? but it can be a different... your point is, it can be a different quorum. one portion of the senate can hear the evidence, and another portion vote, and that's a trial. mr. stewart: surely undesirable from a point of citizenship-- justice scalia i know it's : undesirable. i don't think it's a trial. o'connor: what about this court, if we exercise original jurisdiction and appoint a master, and we don't all sit there and hear the evidence. have we conducted a trial that fails to meet the constitution? mr. stewart: those proceedings do not resemble an impeachment proceeding to the extent that they involve stripping an individual of rights. in that kind of case there is a statutory provision-- justice o'connor: oh, well, i think they could involve a great many rights -- water rights or one thing and another. that are terribly important. mr. stewart: --but there is no provision in the constitution that provides that the trial must be before this court in those cases. the only provision that would be applicable, i thi

justice scalia was. there were only nine vote against. >> only three. >> three. that briar guy that was nine. i don't know. >> yeah. >> but it is now in the word of 31 in your situation in the few there's been over 40. are we at a point where there's no turning back in terms of the contentio contentiousness of the confirmation process and what kind of damage does that do to your institution? >> if you think back way back to 1980. when i got my first good job in d.c. i was appointed to the court of appeals. the chair of the judiciary committee was ted kennedy. the ranking minority member was strom thurmond. those two worked together to get well qualified judges appointed to the federal courts. it was the same thing, 1993 when i was nominated then senator joe biden chaired the committee. or inhatch was the ranking minority member, hatch was my biggest supporter. that's the way it should be. and the way i hope i will see again in my lifetime. b but it will take people who really care about our country to say enough of this dissension. let's come together and do the

ably moderated by chair of the supreme court appellate practice group at paul worked for justice scalia and he will introduce the panel. take it away. >> thank you very much, jeff and it is a great pleasure to be here at gw law school. a couple of blocks away from my office. this is very much the local law school. it is a great pleasure to be here. for hosting usw and thank you to the national constitution center for putting together this program. it is my great privilege to be the moderator of the first of the afternoon's panel. we have an incredibly distinguished group assembled here to talk about the wonderfully broad subject of clerkship experiences. very briefly, to introduce the panel, starting on my immediate left is john elwood who is a partner and head of the supreme court appellate practice at arnold and porter and he clerked for justice kennedy. , a member of the california supreme court who clerked for justice stevens. uc hastingsat college of law who is currently visiting at yale law school who are was -- who was originally hired by justice clerk. and finally, jane, a membe

, son of the late supreme court justice antonin scalia a.nistered the oaths of office. oath of office. pres. trump: a new head of the joint chiefs of staff and now we have the department of labor. big stuff. a big day. and it is my pleasure to welcome this wearing in of our new secretary of labor coming eugene scalia. he is joined by many members of his family which is a large family including his mother maureen who has been a friend of mine

i will never forget in the abortion cases, i was very unhappy with justice scalia's treatment of the justice and i really wrote it up and i wrote a response. we nailed him. that was my plan. i!" i hear "marc so i went to the secretary's desk and i go to the office and she goes " we don't talk like that. " " i think we should." and she said no, take it out. so i took out all the strong wordage and left the fax. and i learned a good lesson. you can really disagree with someone, but you don't have to be disagreeable. that's an amazing skill that somebody gets early in their career. ask, after justice scalia said that one of her opinions cannot be taken seriously, she famously said sticks and stones may break my bones, that's probably not true. did she find his barbs to be a little sharp? >> she found them annoying and really capable of being ignored. she is one of the people who understood that you do not get back to the person who's trying to taunt to you -- taunt you, you could really drive them crazy. she was gifted at it. she told me that she figured out that dealing with difficult

let me take the second one first involving the late great justice scalia. his discussion in edmond versus united states is not in fact the definitive account of what makes someone inferior or superior, but actually think justice souter in his concurring opinion got it right in that case. i'm going to push back a little on that. i mean, if you want to take the position that there really is only one non-inferior officer in every federal department, that is a very, very difficult position to square with anything and everything we know about the appointments clause, both textually and historically. it is not a linguistically impossible position to take, but i think it is a pragmatically -- pragmatic not in the sense -- pragmatics as a branch of the philosophy of language -- pragmatically very difficult position to take on that. with respect to the first, im actually going to agree with you to an extent. my co-author is much more inclined to make arguments from practice than i am. i don't think the practice tells you a whole lot about what the constitution actua

, justice scalia, thought was a telecommunications service into an information service and that the law was vague and upheld the fcc. and this was mainly what both fcc in its net neutrality repeal order and the court relied upon in upholding a lot of what the fcc did. let me talk a little bit about -- >> guest: the point that gigi made, and i do think this is important because as you can probably tell from our discussion, the big issue here is going to be the states, right? we'll see what happens in terms of whether either side appeals the classification, the major holding in the case, but where the true ambiguity lies is what the decision truly means for state authority going forward. and i think it's important to note that the one thing that perhaps both the 2015 title ii order and the restoring internet freedom order both agreed on was that states were preempted. so when gigi says that most of broadband internet access is intrastate because it's the last mile, let me tell you what the title ii order said about that. it said we reaffirm the commission's long job standing -- longstandi

, justice scalia felt was a pure transmission telecommunications service into an information service of the statute again was they, the law was they can upheld the fcc. this was mainly what both the sec in its net neutrality repeal order and the court relied upon in upholding a lot of what the fcc did. let me talk about -- >> guest: i do think this is important because as you can probably tell, the big issue is going to be the states. what, we'll see what happens in terms of either side appeals the classification, the major central holding in the case but where the true ambiguity lies is what the decision means for state authority going forward. i think it's important to note that the one thing that perhaps both the 2015 title ii order and restoring internet freedom porto both agreed on is states were preempted. she says most of broadband internet access is interesting because it's the last mile. let me check with the time to order set about that. it's that we reaffirm the long-standing conclusion that broadband is a jurisdictional interested service. the internet is global, open arc

justice scalia. he will introduce the panel. take it away. >> thank you very much, jeff. it is a great pleasure to be here. gw law school. just a couple blocks away from my office. this is very much the local law school. it is a great pleasure to be here. thank you for hosting us. thank you to the national constitution center for putting together this program. it is my privilege to be the moderator of this panel. we have an incredibly distinguished group assembled here to talk about the wonderfully broad subject clerkship experiences. very briefly, to introduce the panel, starting on my immediate left, john who is a partner and the head of the supreme court and appellate practice and john clerk for justice kennedy. justice kruger to his left. a member of the california supreme court. a professor at uc hastings college of law. currently visiting at yale law school. basically the supreme court. we will talk about that in due time. finally, jane. a member of the privacy and civil liberties. clerks for two justices. she also clerked on the court of appeals for the 10th circui

that is what she may have done with her brother and on the court. >> people talk about the justice scalia and ginsburg friendship, but there is also they were much more incremental. they are not, huge, broad stroke people. calia certainly wasn't other people are today. me, evence said to though he disagreed with her, they fought the same way. that was theyby approached the problem in a much kindpractical, common law of way. a realistic way to understand problems. in the cases they were dealing with. perfect bookend for this panel. we will continue to talk a bit. because justice o'connor's papers are housed here in the library of congress. not every supreme court justice has on that. -- done that. loc?id she choose the how much of these papers will be public? how soon? can you explain the reason for her decision? i want to start by saying, justice marshall's papers are here as well. mr. thomas had access to the papers at the library. they are available with permission. that is not unusual. there are different people who are in the papers who are alive. that is what we are working on now. t

labor secretary jea gene scalia thank you. a very good friend of mine with me from the beginning, and somebody that is going to be going at the end of the year, i'm going to miss you so much, a managinaman who has been your lm talented governor, secretary of energy rick perry, a fantastic job for a long period of time, we appreciate it department of energy is far progressed from the day three years ago when you took it over, thank you very much. we'll be announcing the replacement and he i think it a he in it case, i think he will do a fantastic job. we worked on that together, right, rick? thank you very much. also joining us it your great congressman rodger williams, a friend of man, a brave gentleman too. thank you rodger. and is this your territory? wow, i have known him for so long, now i go to your territory, i see why they like you, i know why they like you, thank you very much. much. i hope so, they better it is techsic, thetexas. and jame jaime mccourt, we're grateful to bernard and everyone at louis vuitton. and the

in flag-burning case and people surprised that scalia ruled in favor of flag-burners, someone asked him about it, i hate the guys and punched them in the face but the first amendment still says what it says, the problem for free speech isn't really right now a matter of law, although i think that's worth keeping an eye on because law always does follow culture but right now it's primarily a culture thing. we are free to speak than 10 or 15 years ago, restrictive campaign laws which are a license on political speech have been repealed and that sort of thing but you people actually feel more free to speak their minds and i don't think that's the case, i think if you were -- if you're a hair dresser in houston, texas and you're on facebook and you're about to join houston hairdressers for donald trump 2020, you will think twice before you hit the join button because this could cost you your job, all sorts of social relationships, and that's not always necessarily a bad thing, i mean, we are gunups, responsible for what we do and say, but the fact that we've developed this exclusionary

meese: scalia was quite a humorist. he was not trying to put her down. it was kind of a jovial thing that he had with other members of the court, particularly her. but i don't think, she had spent her entire life doing things that were mostly jobs held by men. this was not particularly unusual, in that sense. but she also, as everybody said, she was no longer, not a woman. and yet she was able to carry this out in excellent fashion. to me, it was even more than being the first woman on the court. i think one thing she did, she put a human face on the court. up until then, i don't think anyone thought of justices as human beings. this is something she added to it, because of the personality she had as well as the way in which she treated other people. that was a real plus not only for the court but for women and for the country. dahlia: you are going to hear a lot about chili, cherry blossoms, all the ways she really did become kind of the cruise director on the supreme court. just really mindful of how to treat people with this capacious big heart and in

of had about -- antonin scalia a had about safety. we are going to try to hollow out that second half and the new york case that they seem to want to hear, it could be the trojan horse opportunity where they come in and say that theoretically congress could pass gun safety legislation but we will strike down everything they might consider. they basically would hollow out the idea that you couldn't and act common sense gun safety restrictions. people like myself could fully live within the spirit of what antonin scalia a was writing -- butnin scalia was writing, we are unsure the court will approach that in good faith. host: rodney is a democrat. good morning. caller: i just want to say a few things about the supreme court. i always thought it was a racist system. there hasn is -- never been a black men -- black woman. does the guest see a time where there may be a black lady elected to the supreme court? guest: i would hope so. one of the people on barack obama's short list for the merrick garland appointment was a judge here in d.c.

soliloquy engage in a tiebreak or >> the most awkward moment for me was the argument after justice scalia's death. i think we were all a little bit shell-shocked and i remember sitting and the poor advocate standing up there talking and nobody had interrupted him. unheard of when the justice was alive. that may be a time in which i felt that i had to break the ice, because it was a painfully long time. you could see it in the poor advocate, like what is happening here? my problem is that i was a district court judge and when you're a district court judge it you. you don't have to wait for anybody, it's hard to adjust waiting for eight other colleagues to have a say. so that's my problem but i do think that when any of us asking questions, it's because the issue is important to us. >> justice o'connor was in a cameo appearance and henry the fifth. >> yes, she was the queen of france. and she said, a woman's voice to some good. what does that mean and the context of a justice on the supreme court. it's a woman voice, what does it mean, what difference does it make is a sexist to say that or s

warehouse, we would stop at the supreme court and pick up --tice brennan and justice i knew justice scaliarom our court of appeals days. i knew justice clarence thomas, who was also in the d.c. circuit. sandra was as close as i came to having a big sister. and i did have a big sister, but she died in my infancy, so i never knew her. o'connor was the most welcoming. she gave me some very good advice. not only when i was a new justice, but also during my first cancer battle. justice o'connor had breast bench and she was on the nine days after her cancer surgeries. david: wow. ruth,insberg: she said, you have your chemotherapy on friday, that way you will get over it during the weekend, see you can be back. [laughter] way to win the best a case if you are arguing one before the supreme court is to write a great brief, to write -- be a great oral advocate, does the oral argument make a difference or the brief or what is the best way to win a case in the supreme court? for somebody who might want to argue a case. [laughter] an oral argument at the court is not a debate. i would say the two comp

worked to confirm supremely qualified judges including the late great supreme court justice antonin scalia whose son became the secretary of labor, just had him in, a great ceremony we had. after concluding a historic tenure as attorney general, he joined the heritage foundation and helped create the foundation's legal and judicial studies department. which is named in his honor and we are talking judges and i will say heritage has been helpful with us as you know and i just had on that desk a little while ago another six and very soon 182 federal judges and two supreme court judges. that is not including two supreme court -- we really have that. it is a number few people could come close to. we appreciate all the work you have done. edwin meese has advocated effective law enforcement against over criminalization and always in defense of the constitution and system of government designed by our founders. you are loyal fighter for freedom, champion of law and order, mentor to young americans and faithful defender of our republic. you are an inspiration to liberty loving citizens everywhere.