Bench Memos

Law & the Courts

Justice Scalia’s 1997 Speech on Holocaust Remembrance Day

On this Holocaust Remembrance Day, I call your attention to the powerful speech that Justice Antonin Scalia gave 27 years ago in the U.S. Capitol for that year’s commemoration of this occasion. I encourage you to watch the ten-minute speech.

Here is an excerpt of that speech (emphasis added) from Scalia Speaks: Reflections on Law, Faith, and Life Well Lived, the New York Times bestselling collection of Scalia’s speeches that Christopher J. Scalia and I co-edited:

The one message I want to convey today is that you will have missed the most frightening aspect of it all, if you do not appreciate that it happened in one of the most educated, most progressive, most cultured countries in the world.

The Germany of the late 1920s and early 1930s was a world leader in most fields of art, science and intellect. Berlin was a center of theater; with the assistance of the famous producer Max Reinhardt, playwrights and composers of the caliber of Bertolt Brecht and Kurt Weill flourished. Berlin had three opera houses, and Germany as a whole no less than eighty. Every middle-sized city had its own orchestra. German poets and writers included Hermann Hesse, Stefan George, Leonhard Frank, Franz Kafka and Thomas Mann, who won the Nobel Prize for Literature in 1929. In architecture, Germany was the cutting edge, with Gropius and the Bauhaus school. It boasted painters like Paul Klee and Oskar Schlemmer. Musical composers like Anton Webern, Alban Berg, Arnold Schoenberg, and Paul Hindemith. Conductors like Otto Klemperer, Bruno Walter, Erich Kleiber and Wilhelm Furtwängler. And in science, of course, the Germans were preeminent….

It is the purpose of these annual Holocaust remembrances—as it is the purpose of the nearby Holocaust museum—not only to honor the memory of the six million Jews and three or four million other poor souls caught up in this 20th-century terror, but also, by keeping the memory of their tragedy painfully alive, to prevent its happening again. The latter can be achieved only by acknowledging, and passing on to our children, the existence of absolute, uncompromisable standards of human conduct. Mankind has traditionally derived such standards from religion; and the West has derived them from and through the Jews. Those absolute and uncompromisable standards of human conduct will not endure without an effort to make them endure, and it is to that enterprise that we rededicate ourselves today. They are in the Decalogue, and they are in the question put and answered by Micah: “What doth the Lord require of thee, but to do justly, to love mercy, and to walk humbly with thy God.”

(The speech as delivered differs in trivial respects from the prepared text.)

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