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Witnesses and Democratic senators contended that before becoming a judge, Rehnquist had engaged in activities designed to discourage minorities from voting.

Committee members had little taste for a second battle over Scalia and were in any event reluctant to oppose the first Italian-American Supreme Court nominee.

Scalia was unanimously confirmed by the Senate, becoming the first Italian-American justice.

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. In 1953, Scalia enrolled at Georgetown University, where he graduated valedictorian and summa cum laude in 1957 with a Bachelor of Arts in history.

Rumsfeld, involving Yaser Hamdi, an American citizen detained in the United States on the allegation he was an enemy combatant.

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That vote followed Rehnquist's confirmation as Chief Justice by a vote of 65–33 on the same day. One committee member, Democratic Delaware Senator Joe Biden, later stated that he regretted not having opposed Scalia "because he was so effective".It was Scalia's view that clear lines of separation among the legislative, executive, and judicial branches follow directly from the Constitution, with no branch allowed to exercise powers granted to another branch.

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