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21 Emp. Rts. & Emp. Pol'y J. 1 (2017)

handle is hein.journals/emplrght21 and id is 1 raw text is: INTRODUCTION THE LABOR AND EMPLOYMENT LAW OPINIONS OF JUSTICE ANTONIN SCALIA BY MARTIN H. MALIN* On February 13, 2016, the nation was stunned by news that Antonin Scalia, Associate Justice of the Supreme Court, had died.' Justice Scalia advocated judicial articulation of clear, general and categorical rules rather than case-by-case balancing.2 He is seen as the Court's leading proponent of originalism in interpreting the constitution.3 And he is known for his advocacy of textualism as a primary means of interpreting statutes.4 Justice Scalia did not shy away from controversy. Rather, he relished it. Justice Sonia Sotomayor, observed, During his tenure with the Court, Justice Scalia made a name for himself as one of the most provocative figures on the Court. As the common saying goes- it is better to be looked over than overlooked-and that Justice Scalia's views have provoked, and continue to provoke, strong response within the legal community is a tribute to just how important and powerful Justice Scalia's presence has been in our current legal culture.' Justice Clarence Thomas similarly observed that Justice Scalia treasured vigorous disagreement as a means of reaching the truth. ,6 Justice Scalia engendered controversy with the style of his * Professor and Director, Institute for Law and the Workplace, Chicago-Kent College of Law, Illinois Institute of Technology. 1. See Adam Liptak, Antonin Scalia, Justice on the Supreme Court, Dies at 79, N.Y. TIMES, Feb. 13, 2016, available at https://www.nytimes.com/2016/02/14/us/antonin-scalia-death .html? r=0. 2. See Antonin Scalia, The Rule of Law as a Law of Rules, 56 U. CHI. L. REV. 1175 (1989). 3. See Antonin Scalia, Originalism: The Lesser Evil, 57 U. CIN. L. REV. 849 (1989). 4. See ANTONIN SCALIA, A MATTER OF INTERPRETATION: FEDERAL COURTS AND THE LAW 14-37 (1997). 5. Sonia Sotomayor, A Tribute to Justice Scalia, 126 YALE L.J. 1609, 1609 (2017). 6. Clarence Thomas, A Tribute to Justice Scalia, 126 YALE L.J. 1600, 1602 (2017). 1

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