Sep. 13, 2014

Supreme Court justice discusses book at annual State Bar meeting

U.S. Supreme Court Justice Antonin Scalia, right, and lexicographer Bryan A. Garner sign copies of their 2012 book "Reading the Law: The Interpretation of Legal Texts," during the State Bar Annual Meeting on Thursday. During a luncheon talk, the two described and discussed several "canons of construction" used to make sense of legal documents, statutes and constitutions throughout the ages — many with Latin names. Trading topics and quips, Scalia and Garner also explained their view of originalism and of legislative history. Legislative history "is a scam," Scalia said several times. "Come on, it's a shell game. … You don't think Congress really had an intent on Section 323(b)(2)(i) [of a statute] do you?" Apparently, his view is having an effect. Garner said the Supreme Court has cut back from citing legislative history in nearly 90 percent of its opinions when Scalia joined the court to less than 20 percent now. "It's one of the few success I claim," the justice responded.