Antonin Scalia
How Judge Scalia rules, drawn from 27 signed orders. Every observation links to the order it came from.
Judge Scalia no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Scalia decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Agency action stands or falls on the reasons the agency actually assigned. A reviewing court will not supply a rational basis that the agency itself did not give.
“We must affirm its action on the basis of the reasons assigned or not at all.”
A regulation carrying civil or criminal sanctions must give fair warning of what it prohibits or requires. Deference cannot cure an agency’s failure to express the sanctioned obligation with adequate clarity.
“Where the imposition of penal sanctions is at issue, however, the due process clause prevents that deference from validating the application of a regulation that fails to give fair warning of the conduct it prohibits or requires.”
Procedural preferences
Disclosure of grand-jury material requires a strong, particularized showing. The movant must demonstrate a need tied to avoiding injustice that outweighs continued secrecy and limits the request to necessary material.
“The Supreme Court has firmly established that a petitioner seeking Rule 6(e)(3)(C)(i) disclosure must make a ‘strong showing of particularized need for grand jury materials.’”
Cautions
An agency may waive a nonjurisdictional deadline, but a court cannot create jurisdiction outside the statutory filing period. Publicly knowable finality rules displace case-specific equitable exceptions.
“While the Commission may, and can even be required to, waive nonjurisdictional deadlines, we are bound by the terms of our jurisdictional grant.”
A forum contact compelled by subpoena does not constitute purposeful activity supporting personal jurisdiction under the local long-arm provision.
“The giving of testimony in the present case, having been compelled by subpoena, does not suffice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated above, we uphold the sentences imposed on appellants Donelson and Washington by the District Court.”
“Since none of the asserted bases for personal jurisdiction was valid, the district court correctly granted defendant’s motion to dismiss.”
“Accordingly, we remand the rule to the Commission for further proceedings consistent with this opinion.”
“Petition denied.”
“Judgment affirmed.”
“For the foregoing reasons, the district court’s judgment is affirmed.”
“Judgment affirmed.”
“For these reasons, the petitions are Denied.”
“Petition granted.”
“the petition for review is Dismissed.”
“For the foregoing reasons, the judgments in favor of both defendants must be”
A historical record
Judge Scalia no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.