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 SCALIAWith 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.
More Antonin Scalia Quotes
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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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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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A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
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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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I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
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Why can’t the state accede to the public’s wishes?
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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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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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For in order for capitalism to work — in order for it to produce a good and a stable society — the traditional Christian virtues are essential.
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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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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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Why in the world would you have it interpreted by nine lawyers?
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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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A journalistic purpose could be someone with a Xerox machine in a basement.
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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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