Scalia and Garner: First A Book, Now Performance Art

Even though Supreme Court Justice Antonin Scalia's book publicity tour has pretty much run its course, you haven't seen the last of him in unusual public settings. We've just learned that Scalia and co-author Bryan Garner will be appearing at the Kennedy Center July 25 to perform their book in what could be the first CLE course ever at that august location. From 10:30 to 5 that day, they'll be reading from their new book Making Your Case: The Art of Persuading Judges.

Adding some dramatic tension, after a fashion, they'll even debate some of the points on which they disagree in the book, such as whether to include lengthy case citations in the text of a brief or in footnotes. On his LawProse Web site, Garner offers details about the CLE seminar, including the promise that it will be "enlivened with their well-known trenchant humor." And oh yes, the tuition: $600 per person, which also gets you a copy of the book.

In a phone interview Saturday, Garner said the event will be not unlike the seminars he routinely teaches based on his books on legal writing. "We'll trade tips and walk people through the book." Though it won't be entirely scripted, he says, "we'll rehearse a little" before the performance. Garner says the Kennedy Center event was his idea, and Scalia agreed to do it "as a favor to me and a favor to the profession." Scalia will not take any fee, Garner says, and with the high cost of the venue, he himself expects to barely break even.

Garner says he has been gratified by the positive reaction to the book, which is listed at number 29 on the Amazon bestseller list today. "We've heard nothing but praise," he says, adding that he has been amused by speculation in the blogosphere about which sections of the book were written by which co-author. "He and I can't agree on who wrote what any more."

Asked if Broadway is next after the Kennedy Center, Garner says no. "This is a CLE for the ages."

UPDATE: In an e-mail on Sunday, Garner said that if the event turns a profit after expenses, the proceeds will go to Legal Aid. "Justice Scalia is delighted at the prospect of whatever charitable gift we're able to generate," Garner wrote.