Scalia throws water on secession idea
Say you are a screenwriter, and you are writing a story about the attempt by a state to secede and become a part of Canada, leading to a court battle that goes all the way to the U. S. Supreme Court. Who might you consult to find out the feasibility of such a storyline?
Well, back in 2006, one screenwriter sought the ultimate legal technical advisors: the justices of the U.S. Supreme Court. He wrote a letter to each sitting justice, as well as to retired Justice Sandra Day O’Connor, asking their thoughts on the story.
The screenwriter’s brother – who happens to be New York Personal Injury Law Blog author Eric Turkewitz – thought the request would end up in the wastebasket of the jurists. But surprisingly, one justice responded.
“I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court,” replied Justice Antonin Scalia in a letter written on Supreme Court letterhead. “To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, ‘one Nation, indivisible.’)”
DC Dicta wonders if Scalia left out the “under God” part to avoid a whole different constitutional discussion, but we digress…
“Secondly,” Scalia continued, “I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.
“I am sure that poetic license can overcome all that — but you do not need legal advice for that. Good luck with your screenplay,” Scalia concluded.
Turkewitz noted that the letter is evidence that at least one Supreme Court justice firmly believes any notion among members of the Tea Party movement that secession is an option is simply wishful thinking.
