Antonin Scalia advocated for support of legal aid, fundamental to justice

United States Supreme Court Justice Antonin Scalia believed that the Legal Services Corporation (and, by extension, its client, Legal Aid of North Carolina) pursue equal justice, which is

the most fundamental of American ideals and they pursue equal justice in those areas of life most important to the lives of our citizens. The bulk of [their] cases, if you look at their annual report, involve domestic violence, real estate foreclosures and evictions, child custody, and denial of veterans’ benefits, unemployment compensation, and other governmental benefits. More than a third of the cases closed by [Legal Services] grantees in 2013 involved family law and more than a quarter of them housing.

Scalia asked, “Can there be justice if it is not equal, can there be a just society when some do not have justice?”

And he answered,

Equality, equal treatment is perhaps the most fundamental element of justice. . . . And in today’s law-ridden society, denial of access to professional legal assistance is denial of equal justice.”

It’s fair (more than fair, it’s necessary ) to explore alternative means of delivering equal justice: technology, delivery of services by others than licensed lawyers, new sources of funding. Indeed, it’s reasonable to hope that those who develop new alternatives will be able to do it on a for-profit basis and make lots of money. (The scale is surely there.)

But it’s not right to cut funds before alternatives are available.

Justice Scalia said:

Equality … is perhaps the most fundamental element of justice.

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