The Originalist

The Originalist
Molly Smith directed the 2015 production of the play in Washington DC
Written by	John Strand
Characters	Justice Antonin Scalia
Date premiered	2015
Place premiered	Arena Theater, Washington DC
Original language	English
Subject	A biographical depiction of the Supreme Court Justice
Genre	Drama
Setting	Judges' chambers at SCOTUS

The Originalist is a 2015 play concerning the Supreme Court career of Antonin Scalia. The play was originally produced for stage performance in Washington DC in 2015 at the Arena Stage. Scalia was invited to meet with several of the actors and members of the production crew and helped the actors define the part portraying him as a character in the play. The play received positive reviews in The New York Times and has played in theaters from coast to coast in the United States from California to Washington DC. In March 2017, the play the broadcast nationally on Public Television in the United States with Edward Gero playing Scalia.^[1]

Plot

Justice Scalia is entering a new term of the Supreme Court and reviewing applications for law clerks to serve in his office during the coming year. One of the applications he receives is from a recent woman graduate from law school who wishes to be his law clerk and who also has firmly held liberal beliefs. Scalia is intrigued and invites her for an interview. The interview leads to heated exchanges in which the potential law clerk makes strong assertions about her liberal beliefs and claims that these convictions do not mean she is unqualified to be the clerk for a conservative Justice of the Court. When Scalia protests, she asserts herself as a practicing Roman Catholic who has an equal voice in representing her legal opinions concerning cases coming before the Court. After some further verbal sparing, Scalia agrees to take her on as his law clerk and as someone capable of making reasoned arguments on positions which do not necessarily align completely with his own.

Soon after she becomes his clerk, legal blogs begin reporting personal details of Scalia's new law clerk and details of her personal life. She feels compelled to present these to Scalia prior to them being made public in the press and causing possible embarrassment to Scalia in that way. She admits to being part of the LGBT movement and that she is involved in an LGBT relationship at the current time. Rather than becoming angry, Scalia indicates that he is more well-informed than she may have thought and that he had received a preliminary report of this matter through his own review of some of the legal website blogs which he periodically reviews. He accepts her statement and she continues as his legal clerk.

While clerking for Scalia she has further confrontations with both Scalia and his other highly conservative law clerk. At one point, Scalia requires her to join him at a shooting range for target shooting where she agrees to go with him. Unexpectedly, the two are able to debate issues of the Court further in a manner suggesting Scalia to being more open-minded than often stated opinions identifying the simple dismissal of him as an arch-conservative. Their mutual animosity and differences of opinion begin to shift considerably when Scalia appears to suffer from something appearing to resemble heart palpitations and she quickly comes to his side to assist him as best she can. Later, when her own father appears to become mortally ill and on his death bed, Scalia offers his own sympathy for her imminent loss. The play ends with the two of them reconciling to that fact that both their differences and their similarities appear to signify more than the direct review of the cases coming before the Court in the particular year when she is one of his law clerks.

Cast

Justice Scalia, the Supreme Court justice played by Edward Gero in the opening production.

Law assistant, a woman law clerk of liberal background, played by Jade Wheeler, as part of his staff.

Law assistant, a male law clerk of conservative background also part of his staff.

Performance

The play first performed in Washington DC in 2015 and The New York Times gave it a positive review stating: "Mr. Gero’s portrayal is a more reflective version of Justice Scalia than the one the public sees. It is also more sympathetic than many might expect."^[2] The play began its stage production at the Pasadena Playhouse in California on April 11, 2017.^[3]

From July 19 to August 19, 2018, it played at the 59E59 Theaters in New York City, with Gero continuing in the lead role and Tracy Ifeachor as the law clerk.^[4] Following the performance of July 29, 2018, Justice Ruth Bader Ginsburg participated in a conversation on stage with the play's director, Molly Smith.^[5]

Public television

On March 6, 2017, Playbill announced The Originalist would air on PBS' Theater Close-up on March 13, 2017.^[3] The New York Times gave the play a positive review stating: "Mr. Gero’s portrayal is a more reflective version of Justice Scalia than the one the public sees. It is also more sympathetic than many might expect."^[2]

See also

• List of law clerks of the Supreme Court of the United States

References