CRITICAL ANALYSIS

Critical Analysis of the Background and Decision-Making of a Current Supreme Court Justice

[Name of the Institute]

Table of Contents

Introduction3

Background of Justice Antonin Scalia4

Origin, Education and Family5

Career5

Philosophy6

Political Principles Hamiltonians7

Legal Career7

Nomination and Appointment9

Nomination of Scalia9

Aspect of Decision Making of Scalia10

Judicial Attitudes and Decision Making13

Impact of Decision Making14

Impact of Scalia's Decision making on the Court16

Individual Background and Judicial Decision Making17

Conclusion21

References23

Critical Analysis of the Background and Decision-Making of a Current Supreme Court Justice

Introduction

The U.S. consists of 9 judges, one of whom is chairman. The court usually acts as the appellate, but in several cases (e.g. regarding diplomats) may be a court of first instance. Judges are appointed by the President with the approval of the Senate for life, and may terminate the authority only as a result of resignation or impeachment for crimes committed. According to statistics, the new judge is appointed every 22 months. The appointment of Scalia to the Supreme Court drew considerable attention to his background and political career. To be sure, pundits and legal observers did not make formal causal claims about how the prosecutorial experience would affect his future decisions (Cross, 2007). Media profiles of routinely inferred that this experience would make him more conservative on criminal justice issues than his otherwise liberal views would suggest. For example, a Los Angeles Times profile quoted former colleagues describing him as a "zealous prosecutor" whose "experiences combating crime" made him "something of a law-and-order judge" (Oliphant, 2009). In the same article, New York University law professor Kenji Yoshino stated that his experience as a prosecutor "balances out his liberal tendencies." A Washington Post profile noted that his prosecutorial experience would make him "unique" among the colleagues in regard to the consideration of criminal justice issues. This paper discusses the aspects of decision making as effected by the political, social, and religious background of the judges keeping in view the appointment of Justice Antonin Scalia (Cross, 2007).

Background of Justice Antonin Scalia

Antonin Scalia Gregory (b. Trenton, New Jersey, United States, March 11 of 1936) is a U.S. jurist, and Associate Justice of the Supreme Court of the United States. He is considered one of the pillars of the conservative wing of the Supreme Court. As a matter of constitutional interpretation, he adheres to the doctrine of textualism and originalism, and is a staunch critic of the doctrine of the living constitution. Unlike his fellow conservatives, including former Chief Justice of the United States William Rehnquist and Clarence Thomas, Justice Scalia has a favorable view of national power and a strong executive. In this sense, he; can be considered as a Hamiltonian (New York Times). Antonin Scalia was born in Trenton, New Jersey. His mother, Catherine, was born in the United States, his father; S. Eugene was a professor of romance languages, emigrated from Sicily at the age of 15 years. When Scalia was five, his family moved to Elmhurst in Queens, New York City. During that period his father worked at Brooklyn College in Flatbush, Brooklyn (Hettinger, 2007).

As a Roman Catholic Scalia attended the ...