Eugene Scalia, ’90, To Argue in Supreme Court Debut

Son of Justice Antonin Scalia to Argue in Supreme Court Debut

Eugene Scalia is about to tie his father in the number of cases he’s argued before the US Supreme Court.

Though the late Justice Antonin Scalia heard thousands of cases in his 30 years on the bench, he only argued one during his time as an attorney. Now 47 years later, his son will do the same.

The Gibson, Dunn & Crutcher partner will take the lectern on Oct. 10 and try to convince the justices to uphold a New York-based appeals court decision that said corporate whistleblowers have to prove they were fired with retaliatory intent for reporting financial wrongdoing in order to win a wrongful termination lawsuit against their employer.

Eugene Scalia, who is representing UBS Securities LLC, has argued in briefs that the US Court of Appeals for the Second Circuit was right in holding intent is necessary for liability under the Sarbanes-Oxley Act.

Eugene Scalia’s brother Christopher, a legal fellow at the right-of-center American Enterprise Institute, said he wishes their father were here to see it.

“Of course Gene wouldn’t be arguing if my dad were still on the court,” he said. “But it’s very exciting and I know my dad would be proud to see it, as we all are.”

Eugene Scalia declined a request for an interview about his upcoming argument before the court. In a statement, he said he’s “grateful to have been given the privilege of arguing this important employment case, and of appearing before the Court that meant so much to my father.”

Read more at Bloomberg Law