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He warned, "Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing ... The petitioner argued that the arrangement violated separation of powers and that the United States Sentencing Guidelines promulgated by the Commission were invalid.

Eight justices joined in the majority opinion written by Blackmun, upholding the Guidelines as constitutional.

Within the administration, Scalia advocated a presidential veto for a bill to amend the Freedom of Information Act, which would greatly increase the act's scope. Circuit, Scalia built a conservative record while winning applause in legal circles for powerful, witty legal writing, which was often critical of the Supreme Court precedents he felt bound as a lower-court judge to follow.

Scalia's view prevailed, and Ford vetoed the bill, but Congress overrode it. Scalia, on behalf of the US government, argued in support of Dunhill, and that position was successful. Russell hired him on behalf of the Canadian government to write a report on how the United States was able to limit the activities of its secret services for the Mc Donald Commission, which was investigating abuses by the Royal Canadian Mounted Police. Scalia's opinions drew the attention of Reagan administration officials, who, according to The New York Times, "liked virtually everything they saw and ... In 1985, though there was then no vacancy on the Court, Reagan administration officials put Scalia on a short list with fellow D. Circuit Judge Robert Bork, to be considered if a justice left the Court.

Scalia was unanimously confirmed by the Senate, becoming the first Italian-American justice. In 1953, Scalia enrolled at Georgetown University, where he graduated valedictorian and summa cum laude in 1957 with a Bachelor of Arts in history.

Scalia served on the Court for nearly thirty years, during which time he espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. While in college, he was a champion collegiate debater in Georgetown's Philodemic Society and a critically praised thespian.

He supported the death penalty and opposed abortion, affirmative action, same-sex marriage, as well as most policies that afforded equal or special status to minority groups, This kid was a conservative when he was 17 years old. President Richard Nixon appointed him general counsel for the Office of Telecommunications Policy, where one of his principal assignments was to formulate federal policy for the growth of cable television.Scalia's thirty-page draft dissent surprised Justice Harry Blackmun for its emotional content; Blackmun felt "it could be cut down to ten pages if Scalia omitted the screaming".Scalia indicated that the law was an unwarranted encroachment on the executive branch by the legislative. United States challenged the United States Sentencing Commission, an independent body within the judicial branch whose members (some of whom were federal judges) were removable only for good cause.In the early 1970s, he served in the Nixon and Ford administrations, eventually as an Assistant Attorney General.He spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society.