The Radio Free Hillsdale Hour

Episode: "How Antonin Scalia Changed the Supreme Court"

Date: February 6, 2026
Host: Scott Bertram
Guest: James Rosen (Chief Washington Correspondent, Newsmax; Author of Scalia: Supreme Court Years 1986-2001)

Episode Overview

This episode centers on the pivotal impact of Justice Antonin Scalia on the United States Supreme Court during his first 15 years on the bench, as chronicled in James Rosen’s latest book, Scalia: Supreme Court Years 1986-2001. The discussion traverses Scalia’s early days and adjustment to the Court, his relationships with colleagues, his characteristic approach to legal interpretation, and major events like the Bush v. Gore case.

Key Discussion Points & Insights

1. Scalia’s Entry and Personal Qualities

(02:14–04:43)

• Transition to Supreme Court: Scalia started his tenure with humility and self-doubt, reflected in unpublished letters where he asked priests to pray for him and worried he "might have run out of gas."
  • Quote: "He feared that he was already, at that point, at the dawn of this extraordinary tenure... running on the basis of fumes, intellectually." — James Rosen (03:20)
• Personal Attributes: Scalia's innate genius, wit, hard work, literary talent, devout Catholicism, and his wife’s sacrifices propelled his success.

2. Courtroom Dynamics and Oral Argument

(04:43–09:48)

• Disappointment at Court Conferences: Scalia was frustrated to find Supreme Court conferences under Chief Justice Rehnquist lacked the lively debate he enjoyed on the appeals court.
  • Quote: "In these conferences... there was none of that [collegial give-and-take] with the other justices. All of this was kind of deeply upsetting to Scalia. He loved debate." — James Rosen (09:30)
• Oral Arguments as Outlet: Scalia’s flair for debate and previous media experience made him dominant in oral arguments, which he used to satisfy his need for intellectual exchange.

3. Early Opposition and Internal Politics on the Court

(09:48–13:53)

• Liberal Suspicion and Clique: Liberal justices, especially Blackmun, viewed Scalia as too aggressive and targeted his clerks, particularly members of the then-nascent Federalist Society, with written invective in internal memos—a previously unreported dynamic.
  • Quote: "Justice Blackmun and his clerks hated Scalia, hated the Federalist Society. And in their memoranda... they're insulting the Scalia clerks by saying, 'member of the Federalist Society.'... This continued for years." — James Rosen (11:20)

4. Building Influence Versus Winning Votes

(13:53–20:04)

• Failed Brennan Analogy: Early predictions that Scalia would be the "conservative Bill Brennan" did not materialize; Scalia rarely succeeded in shifting colleagues like O'Connor or Kennedy.
  • Scalia’s View: "Of course I wasn't going to change the minds of Bill Brennan... these are people who had elaborated thoughts about the law for years." — James Rosen (15:00)
• Philosophy Over Tactics: Scalia believed deeply in "originalism"—interpreting the Constitution according to its original meaning—making coalition-building difficult since he wouldn’t “trade” principles for votes.
  • Quote: "The Constitution is neither living nor dead. Rather, it was a legal document..." — James Rosen (16:24)
  • Notable Moment: Elena Kagan, despite ideological differences, later observed: "We are all originalists now." — James Rosen (19:41)

5. Relationship with Sandra Day O’Connor

(21:58–28:53)

• Complex Dynamic: Initial attempts at collegiality failed—Scalia and his wife found O'Connor "bossy." The professional rupture came with the Webster v. Reproductive Health Services abortion case, when Scalia’s biting critique of O'Connor’s legal reasoning stung deeply.
  • Quote: "He said that her writings cannot be taken seriously. And that stung, and it caused... a permanent rupture." — James Rosen (24:42)
• Frenemies: Tension was offset by moments of personal support, such as O’Connor confiding in Scalia during illness.

6. The Temptation or Threat of Retirement

(28:53–31:52)

• Mid-1990s Discontent: A tough term and repeated losses led Scalia to consider retirement at age 60. He was also approached as a potential vice-presidential candidate for Bob Dole in 1996 but declined after advice from Judge Larry Silberman.
  • Quote: "I think we came closer to losing Justice Scalia from the Supreme Court on the basis that he was bored and dispirited... than we were to losing him because he felt inclined to accept the Dole team’s offer." — James Rosen (29:44)

7. Relationship with Justice Brennan

(31:52–34:37)

• Lack of Reciprocity: While Scalia admired Brennan and valued their relationship—even considering it akin to his friendship with Justice Ginsburg—Rosen’s research found Brennan regarded Scalia’s rise as a direct threat to his own legacy.
  • Quote from Brennan: "[Your article] says what so many think"—indicating his dim view of Scalia. — James Rosen (32:55)

8. Scalia’s Role in Bush v. Gore (2000)

(34:37–39:14)

• Scalia’s Actual versus Perceived Influence: Despite public perception, Scalia was not the behind-the-scenes architect of the Court’s intervention; Justice Kennedy led the Court’s majority reasoning. Scalia disagreed with the legal rationale but was seen as the face of the decision.
  • Quote: "[Scalia] said behind the scenes, in Brooklyn we would call this a Pisa, you know what." — James Rosen (37:45)
  • Memorable Moment (Book’s Ending): After Bush v. Gore, Scalia, when thanked by a stranger at a club, simply replied: "Just a lawyer doing his work." — (39:11)

Notable Quotes and Memorable Moments

• On Scalia’s self-doubt at the Supreme Court’s outset:

  “[He] feared that he was running on the basis of fumes, intellectually.” — James Rosen (03:20)

• On internal Supreme Court opposition:

  “Justice Blackmun and his clerks hated Scalia, hated the Federalist Society... This continued for years.” — James Rosen (11:20)

• On Originalism’s triumph:

  “As Kagan put it, 'We are all originalists now.' That is the heart of Antonin Scalia’s greatness.” — James Rosen (19:41)

• On the Scalia-O’Connor dynamic:

  "He said that her writings cannot be taken seriously. And that stung, and it caused... a permanent rupture." — James Rosen (24:42)

• On Bush v. Gore and Scalia’s perceived leadership:

  “[Scalia] said behind the scenes, in Brooklyn we would call this a Pisa, you know what.” — James Rosen (37:45) “Just a lawyer doing his work.” — Antonin Scalia (39:11)

Important Segment Timestamps

• 02:14 – Scalia’s first days, humility, and unpublished letters
• 04:43 – Disappointment with court culture; oral argument as outlet
• 09:48 – Scalia’s critics and the anti-Scalia clique
• 13:53 – Why Scalia struggled to win over colleagues
• 16:24 – Originalism vs. the “living Constitution”
• 21:58 – Relationship with Sandra Day O’Connor
• 28:53 – Scalia's mid-career frustration and retirement consideration
• 31:52 – Scalia’s admiration for Brennan, lack of reciprocity
• 34:37 – Scalia’s true role in Bush v. Gore
• 39:11 – Scalia’s post-Bush v. Gore humility

Tone & Style

The tone balances scholarly rigor with engaging anecdotes (e.g., Halloween photo with O’Connor, “Pisa, you know what” quip). Rosen stresses both the intellectual seriousness and the wit that defined Scalia, providing a nuanced, humanizing portrait.

Conclusion

This episode offers a lively, deeply researched account of how Antonin Scalia transformed Supreme Court jurisprudence—most notably by mainstreaming originalism—while highlighting the tumultuous personal and institutional dynamics he navigated. Rosen’s reporting and new revelations (such as internal Supreme Court memos and letters) make this a must-listen for anyone interested in legal history or the modern Supreme Court.