Uncertainty Over The Fate Of Justice Scalia’s Papers
There is uncertainty over what is going to happen to a large collection of Justice Scalia’s official papers. “Scalia’s files could reveal the court’s dynamics in landmark cases from Bush v. Gore in 2000 to more recent decisions that upheld the Affordable Care Act.” Supreme Court Justice Scalia has not specified who will inherit his papers. There is a long-standing tradition that a Supreme Court Justice’s papers belong to his heirs, and there is no law governing the preservation of Justices’ papers like presidential papers. “Officials at the Library of Congress, which houses numerous collections of justices’ papers, did not respond to questions about Scalia’s papers, and efforts to make contact with Scalia family members were unsuccessful.”
See Tony Mauro, The Fate of Scalia’s Papers is Uncertain, The National Law Journal, February 17, 2016.