US Supreme Court Justice Antonin Scala has died aged 79

JUSTICE Antonin Scala, a pro-gun arch-conservative who pushed the US Supreme Court to the right over the past 30 years, has died, aged 79.

(FILES) This file photo taken on October 05, 2011 shows US Supreme Court Justice Antonin Scalia testifying before the Senate Judiciary Committee in Washington, DC, on October 5, 2011. Justice Scalia dies at 79 on February 13, 2016, according to a statement by Texas Governor Greg Abbott. / AFP / JEWEL SAMAD

ANTONIN Scalia, the influential conservative and most provocative member of the US Supreme Court, died Saturday. He was 79.

The US Marshals Service in Washington confirmed Scalia’s death at a private residence in the Big Bend area of West Texas.

Spokeswoman Donna Sellers said Scalia had retired the previous evening and was found dead in the morning after he did not appear for breakfast.

Scalia used his keen intellect and missionary zeal in an unyielding attempt to move the court farther to the right after his 1986 appointment by President Ronald Reagan. He also advocated tirelessly in favour of originalism, the method of constitutional interpretation that looks to the meaning of words and concepts as they were understood by the Founding Fathers.

Scalia’s impact on the court was muted by his seeming disregard for moderating his views to help build consensus, although he was held in deep affection by his ideological opposites Justices Ruth Bader Ginsburg and Elena Kagan. Scalia and Ginsburg shared a love of opera. He persuaded Kagan to join him on hunting trips. The three justices were all from New York.

His 2008 opinion for the court in favour of gun rights drew heavily on the history of the Second Amendment and was his crowning moment on the bench. The Second Amendment of the US Constitution guarantees the right to bear arms.

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Justice Scalia’s death could prove to be a political headache for President Barack Obama. Picture: AFP / Mandel Ngan

COURT VACANCY A HOT POLITICAL ISSUE

The critical vacancy in the US Supreme Court left by Justice Antonin Scalia’s death should not be filled by President Barack Obama, the Senate Republican majority leader said Saturday.

“The American people should have a voice in the selection of their next Supreme Court Justice,” Mitch McConnell said in a statement, referring to the upcoming November general election.

“Therefore, this vacancy should not be filled until we have a new president.”

Similar thoughts were expressed by Republican presidential candidate Ted Cruz on Twitter:

Justice Scalia was an American hero. We owe it to him, & the Nation, for the Senate to ensure that the next President names his replacement.

— Ted Cruz (@tedcruz) February 13, 2016

Donald Trump, Marco Rubio, John Kasich, Jeb Bush and Bernie Sanders also tweeted their condolences.

The totally unexpected loss of Supreme Court Justice Antonin Scalia is a massive setback for the Conservative movement and our COUNTRY!

— Donald J. Trump (@realDonaldTrump) February 13, 2016

My thoughts and prayers are with Justice Scalia's family and colleagues, who mourn his passing.

— Bernie Sanders (@SenSanders) February 13, 2016

KEY ROLE IN MAKING BUSH PRESIDENT

Scalia could be a strong supporter of privacy in cases involving police searches and defendants’ rights. Indeed, Scalia often said he should be the “poster child” for the criminal defence bar. But he also voted consistently to let states outlaw abortions, to allow a closer relationship between government and religion, to permit executions and to limit lawsuits.

He was in the court’s majority in the 2000 Bush v Gore decision, which effectively decided the presidential election for Republican George W Bush.

“Get over it,” Scalia would famously say at speaking engagements in the ensuing years whenever the topic arose.

The US Supreme Court, picoted in October 2010. Front row (l-r): Justice Clarence Thomas, Antonin Scalia, Chief Justice John Roberts, Justice Anthony Kennedy, and Justice Ruth Bader Ginsburg. Rear (l-r): Justices Sonia Sotomayor, Stephen Breyer, Samuel Alito Jr, and Elena Kagan. Picture: AP Photo/Pablo Martinez Monsivais

Bush later named one of Scalia’s sons, Eugene, to an administration job, but the Senate refused to confirm him. Eugene Scalia served as the Labor Department solicitor temporarily in a recess appointment.

A smoker of cigarettes and pipes, Scalia enjoyed baseball, poker, hunting and the piano. He was an enthusiastic singer at court Christmas parties and other musical gatherings, and once appeared on stage with Ginsburg as a Washington Opera extra. Ginsburg once said that Scalia was “an absolutely charming man, and he can make even the most sober judge laugh.” She said that she urged her friend to tone down his dissenting opinions “because he’ll be more effective if he is not so polemical. I’m not always successful.”