Antonin Scalia, Deaths, SCOTUS, Supreme Court

Scalia: The Voice When I Couldn’t Speak

Shocked, crushed, and dismayed, conservatives nationwide were rocked by the loss of this valiant fighter, whose value and meaning to the conservative community cannot be overstated or overemphasized.

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Kayleigh McEnany

Kayleigh McEnany

As the country mourns the loss of an unparalleled Supreme Court Justice, conservatives in the legal community mourn the loss of their warrior. All too often belittled in the liberal confines of the law school classroom, Scalia was beloved by conservatives everywhere.

I think I speak for all proponents of limited government when I say that the death of Justice Antonin Scalia on Saturday was heartbreaking in every sense of the word. Shocked, crushed, and dismayed, conservatives nationwide were rocked by the loss of our valiant fighter. Scalia’s value and meaning to our community simply cannot be overstated or overemphasized.

Being a conservative in the legal profession is like being a Constitution-abiding advisor in the Obama White House: it’s lonely, it’s rare, and it’s altogether defeating.

Our profession is one dominated by liberals, who find the text of the Constitution to be suggestive rather than mandatory. Indeed, in 2014, 97% of donations from the American Association of Trial Lawyers went to Democrats. And academia does not fare much better with Democrats comprising 82% of law school faculties.

As such, it comes as no surprise that by ascribing to conservatism and adhering to originalism, you are sure to be marginalized by your legal peers. The liberal “acceptance” and “tolerance” that allegedly inform the left’s philosophy is never more absent than in the militant, mob mentality of leftist law students, who are more often than not short on logic but quick to condemnation.

As a conservative in law school, you quickly begin to feel isolated and defenseless. Surrounded by predictable, robotic liberal peers, it becomes increasingly difficult to speak out, and it can even cause some to question their philosophy entirely.

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But this is where Justice Antonin Scalia comes in.

At the moment of questioning and doubt, Scalia’s dissents provided much needed affirmation. He masterfully succeeded in undergirding conservative legal philosophy with brilliant, persuasive logic and soaring, humorous prose. His words emboldened conservative law students who felt they were alone.

He was fearless. He was principled. He was unapologetic. And he embodied courage.

Scalia understood the uphill battle he faced, and he accepted it gladly, saying this of his originalist viewpoint:

Our manner of interpreting the Constitution is to begin with the text, and to give that text the meaning that it bore when it was adopted by the people … This is such a minority position in modern academia and in modern legal circles that on occasion I’m asked when I’ve given a talk like this a question from the back of the room — ‘Justice Scalia, when did you first become an originalist?’ — as though it is some kind of weird affliction that seizes some people — ‘When did you first start eating human flesh?’

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But no matter how unpalatable his philosophy was to liberals and purposivists, Scalia was unwavering.

He elevated the text of the Constitution above the whims of the moment, breathing life into the Second Amendment, standing firmly for religious liberty and against Roe v. Wade, and thwarting an overactive, abusive executive at every turn. His legacy is one of consistency, rigorous intellect, and staunch principle.

In short, Scalia was a warrior for the silent minority of conservative lawyers and students.

Beyond his intellectual prowess, Scalia will also be remembered for his staunch faith in God. If he could leave us with one final message, I believe he would remind us of the wise words he boldly proclaimed in 2012:

God assumed from the beginning that the wise of the world would view Christians as fools … and he has not been disappointed. … If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.

As a law student, when I felt like my options were either speak and fall victim to the aggressive herd mentality of my peers or remain silent, Scalia spoke for me. Though Scalia has passed to the next life, his words will live on in the hearts of conservative lawyers everywhere.

Kayleigh McEnany is a conservative writer and commentator who appears regularly on Fox and CNN. She is currently in the third year of pursuing her J.D. at Harvard Law School. Kayleigh graduated from Georgetown University’s School of Foreign Service and also studied politics at Oxford University. You can reach her by email at Kayleigh@PoliticalProspect.com or follow her on Twitter: @kayleighmcenany.

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