A biography of Justice Scalia

United States Supreme Court Justice Antonin· Scalia (Justice Antonin Scalia) has a pivotal position in modern American legal history. As a staunch conservative,Justice ScaliaThe interpretation of the U.S. Constitution is almost paranoid in the spirit of originalism;Justice Scalia's creative and pungent words and writings, particularly in his dissenting opinions, are the greatest legacy Justice Scalia has left to the American legal community, with rigorous legal writings embellished with logical deductions and humorous sketches.

1936 Year 3Month 11Day, Antonin.ScaliaBorn in Trenton, New Jersey, USA. As the only child in the family, the Scalias put a lot of effort into the education of their only child, and these efforts did translateThe foundation and nourishment of Scalia's knowledge, through the accumulation of youth, Scalia successfully entered Harvard Law School and achieved good results.

After a series of academic and political legal positions, Scalia finally has a key opportunity-1974 President Nixon nominated Scalia to be the assistant to the chief prosecutor in charge of the Office of Legal Counsel. This department is under the Ministry of Justice and is responsible for providing legal advice to the executive branch. At this time, Scalia, from the perspective of the Ministry of Justice, provided guidelines for correcting the deficiencies of the executive branch. When he became a justice in the future, this legal thinking was the purpose of Scalia's opinion-the constitution should not arbitrarily adjust the interpretation method for the executive branch; When he was a judge in the Court of Appeal of the Federal District of Colombia, Scalia wrote nearly 100 judgments. His ruling style is famous for its beautiful language and quotations. At the same time, he is also a firm supporter of constitutional fundamentalism. He interprets the constitution strictly according to the text and refuses to interpret the constitution arbitrarily in order to meet the administrative needs. During his time at the Court of Appeal, Scalia continued to emphasize the principle of the separation of government powers in his opinion, arguing that judicial power should be strictly interpreted and that executive power should not be subject to interference by judicial power. 

Scalia1986Appointed to the United States Supreme Court,He also became the first Italian-American to be appointed to the Supreme Court. until the death of Scalia2016In, they all served in the Supreme Court and experienced five presidents: Reagan, Bush Sr., Clinton, Bush Jr. and Obama. and liberal female justicesRGBAs a conservative representative, Justice Scalia has not lost ground in American legal and political circles. The American people also have a good opinion of this flexible and humorous justice. Many humorous remade pictures mean that Justice Scalia has a high reputation among the American people.

(A fun picture spooked by Justice Scalia's reputation for large-scale dissenting opinions)

2008The case of "District of Columbia v. Heller" should be the most fierce confrontation between conservatives and liberals in the history of the U.S. justice. The main battlefield is the interpretation of the Second Amendment of the U.S. Constitution: "A well-managed militia.",Necessary to the security of the free states,The right of the people to keep and bear arms shall not be infringed. 」 The United States Constitution was formulated about two hundred years ago. In order to explain the true meaning of "militia", "people", and "possession and bearing of weapons" in the context of this time and space, the justices fought with each other in their judgments, and through the precise explanations of various dictionaries, elaborated arguments in favor of their own side. Scalia's judgment on behalf of the conservative side was rated by many scholars as the pinnacle of his career.,64Page of the judgment opinion up28The page is a literal interpretation of the Second Amendment, which is entirely the refined opinion of constitutional fundamentalists.

Justice Scalia and Intellectual Property

Compared to the issues of race, same-sex marriage rights, gun rights and other social controversies, Justice Scalia admitted that he did not understand the patent rights in the intellectual property system, but in fact only modest words, Justice Scalia still made the following contributions to patent rights:

First, it establishes the principle that human genes cannot be patented. In2013of the yearAssociation for Molecular Pathology v. Myriad GeneticsIn the case, Scalia agreed with presiding judge Thomas that human genes could not be patented, but artificially copied.DNAPatentable. Scalia wrote:"Separated from the natural state of seeking patentsDNAPart with its natural partDNAis the same", thus denying its patentability.

Second, it lowers the threshold for the patent licensee to confirm the existence of the right. In2007YearMedImmune v. GenentechPrior to the case, the conditions of the United States Federal Court of Appeals for the declaration of judgment followed."The principle of reasonable foresight of imminent litigation (RAS)", but the Federal Supreme Court overturned this principle, and Scalia's draft decision held that the existence of the rights of the patent licensee could be brought in the case of a substantive dispute, taking into account all the circumstances.

Third, the expansion of patent infringementThe scope of application of the "safe haven" clause. First in1990of the yearEli Lilly v. Medtronic, IncIn the case, Scalia put the Patent Act No.271Article (e)(1)expanded to include medical devices in the field of pharmaceutical or veterinary biological products. Again in2005of the year Merck v. IntegraIn the judgment of the case, the No.271Article (e)(1)extended to trials using patented compounds prior to clinical testing, expanding the scope of patent haven provisions for the biomedical industry.

Fourth, the patentability of business methods is established.2010YearBilski v. KapposThe nine justices agreed.BilskiThe case claims that inventions may not be patented by law. Although the results are in line with general expectations, their legal analysis is divided into two factions, Scalia believes.BilskiThe claim that the invention is an abstract concept cannot be patented, but the U.S. patent law35USC 101The provisions do not completely deny the possibility of granting business method patents, so their patentability should be recognized.

Fifth, firmly oppose patent hooligans. Early in2006of the yeareBay v. MercExchangeIn the case, Scalia joined Robert's camp, arguing that the prohibition of patent cases was still subject to equitable consideration, and that the patentee had intended to license others to use his patent, or had not commercialized his patent, and could not be a reason to exclude a permanent injunction, yes.MercExchangeThere was a blow. In2015of the year Commil v. CiscoIn the case, he even wrote directly in the objection.“patent troll”The Supreme Court of the United States has also caused great controversy.

Justice Scalia's Humorous Anecdote

Justice Scalia's nickname was "The King of Comedy 」. Except for the humorous and sour remarks in court to junior judges and lawyers. Scalia is even more relished as a pro-citizen image. One time he was rumored to be working out at a health club in Washington, D. C., where a lawyer thought the struggling fat man looked a little familiar,and asked him if he was Justice Scalia,I didn't expect him to answer with a smile.:"Well.,Scalia is thinner than myself. 」

This is Justice Scalia, the humorous, resolute and relishing American justice.