Thread by @mjschwartzman

This is a fascinating and deeply researched history of Rosenberger v. Rectors and Visitors of the University of Virginia, decided in 1995. @Rachael_e_Jones is the first, to my knowledge, to make use of archival papers related to the case. She has some finds that will be ... /1

https://twitter.com/Rachael_e_Jones/status/1392146431499243520

of interest to legal historians, church/state scholars, and those interested in @UVA history. The article gives a detailed account how the case was litigated at a critical moment in the development of Establishment Clause doctrine over the past several decades. /2

In recounting Rosenberger's history, @Rachael_e_Jones discusses a letter that she discovered in the archives. On Nov. 9, 1989, Justice Scalia wrote to Robert O'Neil, then president of @UVA, who had invited the justice to receive the Thomas Jefferson Award, UVA's highest honor. /3

In his letter, Justice Scalia criticized UVA for rejecting admission of three of his children. He concluded by saying: "I will not accept the Jefferson Award, or anything else, from the University of Virginia. Not now. Not ever." /4

Relations between Justice Scalia and UVA improved over the years, and the justice did eventually accept the Jefferson Medal in Law in 2008. /5 news.virginia.edu/content/justic…

But the Nov. 1989 letter raised an interesting question about whether Scalia should have recused himself in Rosenberger. The case was decided 5-4. Had Scalia recused, the result likely would have been 4-4, leaving in place the Fourth Circuit's decision in favor of UVA. /6

For this and more of Rosenberger's history, see @Rachael_e_Jones terrific paper in the Journal of Supreme Court History. onlinelibrary.wiley.com/doi/10.1111/js… /end. @SCHSociety, @UVALaw