6 MOST MEMORABLE LINES BY JUSTICE SCALIA
Hand-picked by NYU Law faculty.
- •“Elephants in mouseholes”“Congress, we have held, does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions— it does not, one might say, hide elephants in mouseholes.” Majority opinion by Scalia in Whitman v. American Trucking Associations (http://ow.ly/YZfz2). Selected by Professors Richard Epstein and Scott Hemphill.
- •“The first instinct of power is the retention of power.”Concurrence and dissent in part by Scalia in McConnell v. Federal Election Commission (http://ow.ly/YZfCY). Selected by Professor Richard Pildes.
- •“[T]his wolf comes as a wolf.”Dissent by Scalia in Morrison v. Olson (http://ow.ly/YZfL7). Selected by Professors Rachel Barkow and Scott Hemphill.
- •"The rule of law as the law of rules."In one of the most-cited law review articles ever, the justice sets forth his originalist principles and argues that judges should constrain themselves to simple, bright-line rules rather than leaving discretion for the future. University of Chicago Law Review (http://ow.ly/YZfWg). Selected by Professor Roderick Hills.
- •"It is more like judging whether a particular line is longer than a particular rock is heavy."Concurrence by Scalia in Bendix Autolite v. Midwesco Enterprises (http://ow.ly/YZgcx). Selected by Professor Scott Hemphill.
- •“We do not judge statutes as if we are surveying the scene of an accident; each one is reviewed, not on the basis of how much worse it could have been, but on the basis of what it says.”Concurrence by Scalia in National Endowment for the Arts v. Finley (http://ow.ly/YZg5Y). Selected by Professor Rachel Barkow.