Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
ANTONIN SCALIACertainly one cannot ban cross burning in the sanctity of his bedroom.
More Antonin Scalia Quotes
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I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
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What is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?
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The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state.
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There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.
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This is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
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I think the main fight is to dissuade Americans from what the secularists are trying to persuade them to be true: that the separation of church and state means that the government cannot favor religion over nonreligion.
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Is it really so easy to determine that smacking someone in the face to find out where he has hidden the bomb that is about to blow up Los Angeles is prohibited by the Constitution?
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To many Americans, everything from the Easter morning to the Ascension had to be made up by the groveling enthusiasts as part of their plan to get themselves martyred.
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A journalistic purpose could be someone with a Xerox machine in a basement.
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The wise do not investigate such silliness.
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A law can be both economic folly and constitutional.
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The court’s job is to uphold the Constitution and you don’t call that off in times of crisis. Would the framers have allowed this practice?
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The Court today completes the process of converting Title VII of the Civil Rights Act of 1964 from a guarantee that race or sex will not be the basis for often will.
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In the eyes of government we are just one race here. It is American.
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You could have 50 different states having 50 different regulations until they were all litigated out.
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