Justice. Harkening back to his days as a law professor, Justice Scalia criticized those who arrived late and made students stand when asking questions. Justice Scalia admitted to the students that his philosophy was a minority position on the Court, explaining that most thought the United States Constitution was a “living document.” Enthusiastically he exclaimed, “It’s not a living organism. It’s a legal document!” To think that the constitution is a living document is
“seductive,” Scalia told the students. It’s attractive for judges he explained. Te judge can go home and tell his wife “yep, the Constitution meant what I thought it meant.” It makes for a happy judge; unlike when he woke up to his wife whistling “It’s a Grand Old Flag” after he provided the fifth vote striking down a law making flag burning illegal. It’s not a conservative-liberal fight he explained. If it were
up to him, “all the bearded, sandal-wearing” flag burners would be in jail. But, it’s not up to him. His method of interpretation does not outlaw abortion, or prohibit gay rights or ban assisted suicide. Instead, it leaves the decisions to the legislature. You want something, he explained, pass a law; you don’t want something, amend it or repeal it. Drawing laughs, he admitted that he has had a beer with the guy at the corner bar and was afraid to ask what the “evolving standards of decency” were – the standard for interpretation adopted by those following the “living document” theory.
While some in the audience may not have agreed with his philosophy, all appreciated his candor and willingness to
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answer the tough questions head on, accompanied with a side of humor and light heartedness. As expressed by Professor McClurg, “While I don’t always agree with Justice Scalia, I admire his candor. He sticks firmly with his positions and articulates them clearly.” Student Bar Association President, Chris Tutor shared the same sentiment stating, “I was particularly struck by both his authenticity and his obvious brilliance. His remarks were not cautious or evasive.
Instead he was pugnacious, to the point
and entirely enjoying himself. He had the audience laughing often. Additionally, although many might disagree with his originalism, his fluency in the law as well as political philosophy in general is undeniable.”
While spending the day with a United States Supreme
Court Justice may just be a dream for most, Justice Scalia’s endurance, passion and humor made it a dream come true for many law students. Providing the perfect end to a long semester, many enjoyed a once in a lifetime opportunity. As summed up by Tutor, “It was a wonderful series of events for Memphis Law and demonstrates that we are continuing to build our reputation as a forum for both intellectual debate and civic life here in Memphis.”
ABOUT THE AUTHOR Mary L. Wagner is an associate with Rice, Amundsen & Caperton PLLC, where she serves as Chair of the firm’s Appellate Practice Group. Wagner graduated Magna Cum Laude from the University Of Memphis School Of Law in 2009.
YouKnowHim. YouRespectHim. AndNowHeCanHelp You.
Attorney and retired Tennessee Circuit Court Judge D’Army Bailey has expanded his professional services to include mediation
practice.Mr. Bailey has completed a 40-hour CivilMediation Training course at the HenningMediation &Arbitration Service,Atlanta, Ga. and is a Tennessee Rule 31 listed general civil mediator.
Mr. Bailey, a graduate ofYale Law School, retired in 2009 from his position as a Circuit Court Judge inMemphis, Tennessee, and returned to the private practice of
law.As a judge, he presided over many types of trials, including complex lawsuits involving contracts, family law, and all types of personal injury claims such as medical malpractice, nursing home abuse and products liability. He was the judge in the county’s only major tobacco liability lawsuit in a trial lasting four months.
He is licensed to practice law in Tennessee,Arkansas, California and Pennsylvania.
“D’Army’s disarming softness as a mediator reflected none of the controlling inclination some judges have difficulty in putting behind them…”
—KirkWatkins,Attorney,Atlanta, GA
D’ARMYBAILEY, Esq. LawandMediationPractice
22 North Front Street, Suite 1060 Memphis, TN 38103 (901) 575.8702 Office (901) 412.8887Mobile
dabailey5@comcast.net
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