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 SCALIAThere 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.
More Antonin Scalia Quotes
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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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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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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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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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If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
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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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As long as judges tinker with the Constitution to ‘do what the people want,’ instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
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If 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.
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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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This is so absurd that it has, to my knowledge, never been contemplated.
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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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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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Bear in mind that brains and learning, like muscle and physical skill, are articles of commerce. They are bought and sold. You can hire them by the year or by the hour. The only thing in the world not for sale is character.
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The Constitution does not trust judges to make determinations of criminal guilt.
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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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