Justice Antonin Scalia
I’m thinking about saying I’d rather put my head in a bag than join in such a badly written opinion.
— The late Justice Antonin Scalia, according to legal writing expert Bryan Garner in his new book, Nino and Me: My Unusual Friendship with Justice Antonin Scalia (affiliate link). Scalia asked Garner if he should criticize a fellow justice’s writing in a case pending before the high court. Garner, to his credit, responded, “Ooh. That stings … In your later years on the Court you don’t want to sound bitter. If you sound like a bitter old man, people will discount what you say.” Scalia said he’d think about Garner’s advice, but used that language anyway in a footnote in Obergefell v. Hodges.
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Staci Zaretsky has been an editor at Above the Law since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.