First, a preface. I am a huge fan of Bryan Garner's work. His "The Winning Brief" has transformed me from a good brief writer to a much better one. I follow his strictures exactingly and my work product continues to improve. That book should be required reading in all law schools and by all lawyers. It's that good. Further, he is the foremost lexicographer and grammarian on the planet (at least regarding the English language). He has surpassed Fowler, blown Strunk and White out of the water, and has turned Black's Law Dictionary into a modern, essential reference for all lawyers. And his Modern English Usage is the best reference book out there--on any subject--period. So, you can say that I am a super fan of Garner, professionally.
As for Scalia, I knew nothing of him personally but respected him greatly as a jurist and thinker. While I tend to lean a bit left, it's hard to find fault with a textualist. As a trial lawyer, all I want from a judge is to be fair and to follow the law. To do otherwise leads to unpredictable results with bad, tough-to-follow precedents. Like the strike zone in baseball, good lawyers crave predictable outcomes based on a set standard. It's my worst nightmare when a judge or arbitrator tells me that they are going to do what's right, regardless of what the law or the contract says. That's not the job of a judge who is not sitting in equity. Her job is to follow the law and apply the agreed-to terms of a contract regardless of the result. Doing what's "right" is the job of the parties in crafting a contract or the legislature in crafting a law or a constitution. Scalia is not pro-guns or anti-abortion as a jurist. He simply followed the law and applied it accurately (in his judgment).
That said, back to the book. I gave the book five stars for its fabulous writing and unvarnished honesty. If Garner was honest in his portrayal of himself and Justice Scalia--and I believe he was--he really brought the character and personality of both men to light, giant warts and all. And the result--to this reader--was an unflattering portrayal of both men and a major betrayal of Scalia's trust and affection by Garner.
Scalia: He came across as a prima donna of Olympic proportions. He was quick to anger and became overly angry concerning extremely minor slights. Examples pervade the book. Garner relayed that a British historian questioned the use of Originalist on a book the two had written, and Scalia nearly ended his friendship and collaboration with Garner. Scalia went ballistic when Garner "subjected" him to an hour of dull conversation with a political science professor and medical doctor. Scalia berated Garner's wife for allowing his suits to get wrinkled when packed and for accidentally dropping his briefcase on a trip--and Garner actually apologized to him for her carelessness. Scalia would go off on Garner if he was a few minutes late to a meeting, but Scalia twice stood up Garner for dinner. And on and on. Garner had to walk on eggshells when dealing with him, so as not to ever unintentionally cause offense. And this included making sure that Scalia would only meet people who were intellectuals and good conversationalists (read: conversed only on topics that Scalia preferred). Garner catered to Scalia's every whim--finding him Latin church masses whenever they traveled, ensuring that every minute of Scalia's time was accounted for and full only of things that would please him, etc. And with only an exception or three--most notably officiating Garner's wedding, getting a VIP seat at oral arguments for Garner's daughter, and sponsoring his wife's admittance to the Supreme Court bar--the street appeared to run one way. Scalia also appeared to be particularly arrogant. At the outset of their collaboration, Scalia said that he wanted him and Garner to treat each other as equals, well, only on "this project." I appreciate that Scalia had an extremely important job with many demands on his time, but I cannot countenance anyone who was so self-important that he craved or required to be surrounded by unctuous, hero worshippers. Being "friends" with Scalia must have been exhausting, constantly having to cater to the "great" man and being in fear that any unintended slight would, at once, end the friendship or collaboration. Scalia is lucky that he was such a talent because I can't imagine he'd have many friends who'd be willing to act as Garner had to act in order to befriend the man.
Garner: This book taught me that you don't want to know all that much about your heroes. Garner came across as a self-important social and professional climber, who simply loves to drop name after name of all of his important friends. I respect his work immensely, but I was turned off by his carefully planned cultivations of others. He treated relationships like Wellington treated battle plans. There was nothing organic about the process; he simply planned out the best approach to meet and impress important professional and personal potential-friends. I fully understand that that is an excellent approach to success, and Garner is worthy of success, but it turned me off a lot. Not for one second did I believe that his friendship with Scalia was entirely real. Most of it was to use Scalia's mind and prominence to get some books published. Being a "snoot," I'm sure that he very much enjoyed working another high-level snoot, but I always had the sense that the core of the relationship was to advance Garner professionally. And this book, itself, proves my point. I have absolutely no doubt that Scalia would have felt betrayed by his portrayal in the book so much so that their friendship and collaboration would have immediately come to an end. I don't know Mrs. Scalia, but I have to imagine that she is none too pleased with the book. Scalia would not have wanted his warts and foibles to be displayed to the world. He would have been horrified by invasions into his private life perpetrated by Garner. Some trusted "friend" he turned out to be.
So why five stars? It got five stars because like any great biography I really got to know both men--even though I didn't always like I what I saw. And it did a really great job of explaining Scalia's judicial philosophy to the masses.
I welcome any comments pro or con and am willing to be convinced that I wrongfully attacked both men and Bryan Garner's motives. I hope I am wrong, I really do, but I don't think that I am.