The Originalist, now playing at Court Theatre, poses Antonin Scalia as a tragic figure. The late Supreme Court Justice saw his opinions as unimpeachable; he thought he was never wrong, even when his views did not prevail in Court decisions.

“Where would the country be without me,” Scalia asks the audience. “I have moved the country solidly to the right.”
Edward Gero brings this larger than life personality to us in a dynamic performance that may leave you spellbound.

But this is not a one-man show. Rather, it is also a stirring drama (written by John Strand and directed by Molly Smith) with a plot centering on the fictional court clerk, Cat, played by Jade Wheeler. Cat is an African-American who researches and drafts Scalia’s dissenting opinion in the landmark gay rights case that struck down Congress’s Defense of Marriage Act.

Cat is a professional, and builds Scalia’s case against DOMA despite her personal feelings about the case. You will be so thankful we had Wheeler on stage as Cat. She exudes confidence and punches back at Scalia in arguments about as good as she gets.

To add to the tension, we also learn Cat is a lesbian, a fact she reveals to Scalia only to learn he does not care a jot about it. Scalia also assigns Cat a conservative legal research assistant, Brad – played to the hilt by Brett Mack. Scalia entertains a debate between the two and Cat acquits herself well against Brad. A later knock-down drag-out argument between the two on a range of opinions is almost cathartic to witness.

We learn of Scalia’s disappointment in not being name Chief Justice by George W. Bush, despite a ruling that put Bush in office after a contested recount in Florida. Lobbying for himself, he finally is told the mood of the country would not support his appointment. “It would be about as popular as a second Iraq War,” he says.

We also see him as a frustrated thespian, a lover of classical music, and, famously, a very close opera-going buddy with that liberal living legend, Justice Ruth Bader Ginsberg.

Ginsberg called him “charming”. Gero’s dynamic performance helps us understand how those two, who were at the opposite ends of the ideological spectrum – Scalia was against gay rights and affirmative action – could still be good friends. When Cat’s father dies after a long illness, Scalia puts the legal work on hold to allow for grief – and we again see redemptive qualities in the man. Scalia 

First produced in Washington, D.C., in 2015, The Originalist received tremendous acclaim, and was developed before Scalia died unexpectedly of heart failure in 2016. Gero got to know Scalia personally in his development of the character for the play.

“I want you to know I won’t be seeing the play,” Scalia told Gero. “But I’m glad they got someone good to do it.”
Gero has played the role regionally in Florida and California, but it is hard to imagine this excellent performance won’t find is way to Broadway.

The challenge, of course, is that this conservative jurist remains a lightning rod of liberal antipathy. New York may not be a welcoming market for a show that suggests any sympathy to Scalia. Its arrival at the Court Theatre, on the grounds of the University of Chicago where he taught, may be a way to test those waters.

The Originalist also gives us a valuable examination of ideological approaches to interpretation of the Constitution. Its title refers to Scalia’s purported approach, hewing close to the letter of the law in making decisions, as illuminated by examining the intentions of the original framers. But an insightful analysis of the originalist philosophy by David Strauss, law professor at the University of Chicago, suggests originalism is adopted by both liberal and conservative judges as a strategy to advance their own ideological agenda.

”Our system…is based mostly on precedent and tradition, instead of simply looking for authoritative commend from the Founders or the text of the Constitution,” says Strauss.

The Originalist runs through June 10 at The Court Theatre. It is highly recommended.