The late Supreme Court Justice Antonin Scalia’s persistence in holding his floor on precept when it got here to points like Roe v. Wade the place he was within the minority on the bench was not for naught, however as an alternative helped at the moment’s technology of textualist judges have case regulation and different writings to check and interact with, former regulation clerk Ian Samuel instructed Tucker Carlson on the newest “Tucker Carlson Today” on Fox Nation.

Samuel, who described himself as a “Catholic-American Socialist,” instructed Carlson that Scalia was a large throughout his time in regulation, and on the identical time handled all of his clerks and staff as in the event that they had been household nonetheless.

He mentioned Scalia’s legacy will collectively be one among compassion for his fellow jurists and for his stalwart jurisprudence on points he felt had been vital to litigate.

Carlson remarked to Samuel that Scalia’s written choices typically featured prose that was “accessible to non-experts” and laypeople, relatively than merely different jurists with regulation levels and the like.

Regarding his minority stances on instances like Roe and others, Samuel mentioned the Trenton, New Jersey, native understood that a lot however that remaining unwavering in his evaluation, allowed for judges like his eventual successor Justice Neil Gorsuch to have case regulation to look at.

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“Scalia spent most of his time in the Supreme Court understanding that he was going to be in the minority for a lot of the things that he cared about right,” Samuel mentioned. 

“So for example, he never had a majority on the court for his views on abortion, for example, which he spent the entire time on the court thinking Roe v. Wade and Planned Parenthood vs. Casey are like mistakes the court should never have wandered into.”

“But he understood, you know, especially by the end– look, I’m not going to have a majority on this court for these views. So who am I writing for? I’m writing for the casebooks and the students who are going to grow up reading the stuff I’m trying to make an argument to them that they will believe, because one day those people are going to be Supreme Court justices themselves.  One of his former law clerks on the Supreme Court right now.”


Current Justice Amy Coney Barrett, who succeeded the late Clinton appointee Ruth Bader Ginsburg, is most closely tied to Scalia. The Indiana jurist, like Samuel, additionally clerked for the late justice.

“There’s a generation of federal judges that Trump appointed who all grew up reading those Scalia dissents and who found them convincing,” Samuel added. “And so he played a kind of a long game, where it’s like– ‘you know, I might lose right now, but there will come another day and I’m writing for the people who are going to be here later, maybe long after I’m gone’.”

Samuel additional commented on how Scalia, irrespective of how extremely revered and excessive profile a determine he turned, by no means strayed from displaying his subordinates respect:

“When I knew him, he was an older man. And he always described his law clerks as being like his nieces and nephews, which was– I think that was a touching description from an only child, because he didn’t have any nieces and nephews,” he mentioned.

“He was a very, very kind boss, like a tough boss, but … the way that he treated the people who worked for him gave me a permanent intolerance for [mean] bosses.”

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