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.
ANTONIN SCALIAWho ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie.
More Antonin Scalia Quotes
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One can be sophisticated and believe in God. Reason and intellect are not to be laid aside where matters of religion are concerned.
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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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To be honest about it, that is the view of Christians taken by modern society. Surely those who adhere to all or most of these traditional Christian beliefs are to be regarded as simpleminded.
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The purpose of the Federalist Society was to bring together young people who had this skepticism about what they were being taught and to let them know that there were others who shared this skepticism.
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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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Words have meaning. And their meaning doesn’t change.
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A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
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[International law] doesn’t show what the Constitution originally meant, and it doesn’t show what is fundamentally important to Americans today. It shows what’s fundamentally important to somebody else today.
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Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.
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The Constitution does not trust judges to make determinations of criminal guilt.
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You could have 50 different states having 50 different regulations until they were all litigated out.
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The wise do not investigate such silliness.
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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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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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Why can’t the state accede to the public’s wishes?
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If you’re going to be a good and faithful judge, you have to resign yourself to the fact that you’re not always going to like the conclusions you reach. If you like them all the time, you’re probably doing something wrong.
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The virtue of a democratic system with a [constitutionally guaranteed right to free speech] is that it readily enables the people, over time, to be persuaded that what they took for granted is not so, and to change their laws accordingly.
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With respect to public acknowledgment of religious belief, it is entirely clear from our nation’s historical practices that the Establishment Clause permits this disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.
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A law can be both economic folly and constitutional.
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Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
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People look at rights as if they were muscles — the more you exercise them, the better they get.
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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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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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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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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.
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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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