Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.
ANTONIN SCALIAIf you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That’s flexibility.
More Antonin Scalia Quotes
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Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act’s limitation of tax credits to state Exchanges.
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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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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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It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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It would be gross understatement to say that the Telecommunications Act of 1996 is not a model of clarity. It is in many important respects a model of ambiguity or indeed even self-contradiction.
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Power tends to corrupt. But the power in Washington resides in Congress, if it wants to use it. It can do anything-it can stop the Vietnam War. It can make its will felt, if it can ever get its act together to do anything.
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On this day, when we’re celebrating our constitutional heritage, I urge you to be faithful to that heritage – to impose on our fellow citizens only the restrictions that are there in the Constitution, not invent new ones, not to invent the right because it’s a good idea.
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Devout Christians are destined to be regarded as fools in modern society. We are fools for Christ’s sake. We must pray for courage to endure the scorn of the sophisticated world.
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A law can be both economic folly and constitutional.
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A journalistic purpose could be someone with a Xerox machine in a basement.
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Interior decorating is a rock-hard science compared to psychology practiced by amateurs.
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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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Words no longer have meaning if an Exchange that is not established by a State is “established by the State”.
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[The Freedom of Information Act is] the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost-Benefit Analysis Ignored.
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