The Eyes of the Law: A Legitimate Use of "Scalito"
During the Supreme Court confirmation hearings for Justice Samuel A. Alito, some conservatives grumbled about one nickname bestowed upon him: "Scalito." They argued that it unfairly treated him as a jurisprudential clone of Justice Antonin Scalia, without recognizing his independence as a thinker. Some also viewed the nickname as reflecting anti-Italian prejudice.
We'd like to reclaim the name of "Scalito," and put it to legitimate use. Let's turn it into the judicial equivalent of "Bennifer" (the first and best celebrity couple neologism, superior to "Brangelina" or "Vaughniston"). In these pages, we will use "Scalito" to refer to Justices Scalia and Alito whenever they appear in public together -- as they did this past weekend.
Approximately 400 people attended a panel discussion on judicial independence, held this past Saturday at the Washington Hilton. The discussion, sponsored by the National Italian American Foundation, featured Justices Scalia and Alito, as well as William S. Sessions, a former FBI director and federal judge, and Lynn A. Battaglia, a Maryland appeals court judge.
Not surprisingly, Justice Scalia stole the show. Accounts of this Article III celebrity sighting focus primarily on his remarks. His main point was to question judicial independence as an absolute virtue: "You talk about independence as though it is unquestionably and unqualifiably a good thing. It may not be. It depends on what your courts are doing."
Familiar stuff. His remarks about media coverage of the courts were far more amusing:
"The press is never going to report judicial opinions accurately. They're just going to report, who is the plaintiff? Was that a nice little old lady? And who is the defendant? Was this, you know, some scuzzy guy? And who won? Was it the good guy that won or the bad guy? And that's all you're going to get in a press report, and you can't blame them.... Because nobody would read it if you went into the details of the law that the court has to resolve."
Sad but true. And Justice Alito echoed some of these sentiments:
Alito complained that people understand the courts through a news media that typically oversimplifies and sensationalizes. He said people's ability to amplify their comments globally about judges and their opinions on the Internet takes a toll on the judiciary."This is not just like somebody handing out a leaflet in the past, where a small number of people can see this," he said. "This is available to the world. ... It changes what it means to be a judge. It certainly changes the attractiveness of a judicial career."
Justice Alito, are you calling into question the value of writing about judges on the internet? If so, you're hurting our feelings...
(By the way, if you haven't done so already, please cast your vote in our poll to find out your Favorite Supreme Court Justice. We'll close the voting once we have about 1,000 votes, which strikes us as a reliable indicator of ATL reader sentiment. Right now we have a little over 600. To vote, click here. Thanks!)
Scalia Rips Judges on Abortion, Suicide [Associated Press]










Comments
It's fine to use it to refer to the two of them, but I think it carries the additional connotation that they're a "couple" in some way. See, e.g. "Bennifer," "Brangelina," "TomKat," "PeteMoss," "Spederline," etc.
I don't think Scalia and Alito are such a natural pairing that it makes sense. They're both conservative, and they both appeared at this event. Not enough, IMHO.
More natural pairings might be
* "Robito" - Alito and Roberts were on the cover of Atlantic Monthly together, and were appointed and confirmed in succession,
* "O'Conquist," as O'Connor and Rehnquist had similar backgrounds, were in the same Stanford class, etc.,
"ClaNino" - as Thomas and Scalia have a history of agreeing with each other in controversial cases and drawing clerks from some of the same feeders.
"Brouter" (doesn't sound all that great, but hey) - as Breyer and Souter have been mistaken for each other and they're both bald white dudes who often agree with each other.
"Antoninsburg" - Scalia and Ginsburg are supposedly close and have been seen in public together...
Posted by: Anonymous | October 23, 2006 09:41 PM
...also, the first pairing is often discussed in news articles talking about how it's not yet clear how Roberts & Alito will vote in cases. "Many Court-watchers assume that Robito would vote to overturn Roe v. Wade if presented with the opportunity, but so far Robito has been cautious and has shied away from broad holdings. In Robito's confirmation hearings, Robito claimed not to be an ideologue and to respect stare decisis. Ted Kennedy thinks that the Senate was duped by Robito, but what does he know, really? But for his actions, we might be referring to him as Kopennedy today."
Posted by: Anonymous | October 23, 2006 09:45 PM
Very funny alternate pairings. But I do think that Scalia and Alito are a natural pairing. They share lots in common:
1. They're the two Italian-Americans on the Supreme Court.
2. Their names sound similar (rhythmically, vowel-sound-wise, etc.).
3. They're both from New Jersey originally.
4. They're both Catholic and conservative (although this may be largely a function of (1)).
5. They're both a little overweight.
6. They're both a little balding.
In terms of personality, though, I guess they are very different.
Posted by: Anonymous | October 23, 2006 09:53 PM
Fair enough, though 5 and 6 are true of most lawyers, so accepting your concession that #4 might be redundant of #1 and #2, I'll give you 3 points.
...which is more than I've got for some of my alternate pairings.
Posted by: 9:41 & 9:45 anonymous | October 23, 2006 10:37 PM