Rehnquist to Scalia: “Just make sure the result is right.”

April 3rd, 2014

During a conversation at Yale, Justice Scalia relayed a disappointing moment from his early years on the Court.

Later in the event, Scalia shared his thoughts on various aspects of the court.

He said the most disappointing moment of his early years on the court came during a conversation with the late Chief Justice William Rehnquist. Scalia said Rehnquist advised him, “Just make sure the result is right. To tell you the truth, we’re not going to follow the same reasoning in the next case, anyway.”

Yet for Scalia, the reasoning behind a ruling is the most important thing. “It was depressing,” he said. “But he may have been right.”

Later in the event, Scalia shared his thoughts on various aspects of the court.

He said the most disappointing moment of his early years on the court came during a conversation with the late Chief Justice William Rehnquist. Scalia said Rehnquist advised him, “Just make sure the result is right. To tell you the truth, we’re not going to follow the same reasoning in the next case, anyway.”

Yet for Scalia, the reasoning behind a ruling is the most important thing. “It was depressing,” he said. “But he may have been right.”

I hadn’t heard this one. This reminds me of Rehnquist’s language in Bush v. Gore, saying that this opinion should not be cited elsewhere.

Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.

I’ve called this opinion an “unprecedent.” But, Justice Thomas cited it, so whatever.