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Some of Justice Scalia’s fans had a sense of humor that I know he would appreciate, leaving him–among other items, Broccoli, Apple Sauce, Fortune Cookies, and Paper Bags.

Not that you need a clue, but I will explain the references.

In NFIB v. Sebelius, during oral arguments, he asked Solicitor General Donald Verrilli:

“Could you define the market — everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli?”

In King v. Burwell, he described the majority’s reasoning as “pure applesauce.”

In Obergefell v. Hodges, he wrote:

If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.

Well done clerks.

On Friday at 11:30, I will be speaking to the Austin Federalist Society Chapter. Our initial topic was selecting the next Justice, but this event has evolved to also serve as a remembrance of Justice Scalia. The event will be at Sullivan’s Steakhouse at 300 Colorado St. You can register here. I hope to see you there.

Today in ConLaw I was scheduled to discuss Federalism, Federalist No. 10, along with Gibbons v. Ogden. I began class with a moment of silence, and a remembrance of Justice Scalia’s greatest contributions to the rule of law. The students asked a number of questions about the current nomination process, which was a perfect segue to Madison’s insights in Federalist No. 10 about factions checking each other in our large Republic. I don’t usually post my lectures, but the first 10 minutes or so express my sentiments about the tragic events of the past few days.

A few weeks ago, the Rutgers-Camden Law School invited me to give a lecture on United States v. Texas. In light of recent events, we changed the topic to discuss Justice Scalia’s legacy, and the process of selecting the next Justice. For this timely discussion,  was joined by Dean Rayman Solomon,  and Professors Katie Eyer and Kathryn Kovacs.