Scalia critics say justice too political

WASHINGTON -- Justice Antonin Scalia drew unusually critical attention during this past Supreme Court term for comments he made in court and in his writing that seemed to some more political than judicial.

His dissent in the Arizona immigration case contained a harsh assessment of the Obama administration's immigration policy and prompted a public rebuke from a fellow Republican-appointed judge.

Scalia's aggressive demeanor during argument sessions even earned him some gentle teasing from his closest friend on the court. Justice Ruth Bader Ginsburg, speaking at a Washington convention, said the term's high-profile cases may explain why Scalia "called counsel's argument 'extraordinary' no fewer than 10 times."

The 76-year-old Scalia is a gifted writer with a razor wit and willingness to do battle with those on the other side of an issue. Those qualities have made him a powerful voice, an entertaining presence and a magnet for criticism on the court for more than 25 years. Even with that vivid background, some of Scalia's recent remarks stood out in the eyes of court observers.

Ten lawyers who appear regularly before the Supreme Court, including two former Scalia law clerks, were interviewed for this story and said they too had taken note of Scalia's recent comments. But mindful that they might appear before the high court or be in a position to submit legal briefs, they all declined to be identified by name.

Measured by wins and losses, the court term did not end well for Scalia. He was on the losing end of the court's biggest cases involving health care, immigration, lying about military medals and prison sentences, both for crack offenders and juvenile killers.

The last words Scalia uttered in court this term dealt with his disagreement with the court's majority in a decision that watered down Arizona's crackdown on illegal immigrants. Summarizing his views in court, Scalia commented on President Barack Obama's recent announcement changing the deportation rules for some children of illegal immigrants. And in his written opinion, he referenced anti-free-black laws of slave states as a precedent for state action on immigration. Both drew critical notice.

But Scalia's supporters say the justice is held to a different standard in the media than other justices. Ginsburg, for instance, won wide praise when she used her dissent in a sex discrimination case in 2007 to urge Congress to take action to undo the court's decision.