Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
ANTONIN SCALIAPersuade 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.
More Antonin Scalia Quotes
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Interior decorating is a rock-hard science compared to psychology practiced by amateurs.
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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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[The] government has room to scale back individual rights during wartime without violating the Constitution. The Constitution just sets minimums. Most of the rights that you enjoy go way beyond what the Constitution requires.
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The wise do not investigate such silliness.
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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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I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
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The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms.
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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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Why can’t the state accede to the public’s wishes?
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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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A journalistic purpose could be someone with a Xerox machine in a basement.
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The Constitution does not trust judges to make determinations of criminal guilt.
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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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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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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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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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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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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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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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In a big family the first child is kind of like the first pancake. If it’s not perfect, that’s okay, there are a lot more coming along.
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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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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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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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People look at rights as if they were muscles — the more you exercise them, the better they get.
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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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Who 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.
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