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 SCALIACertainly one cannot ban cross burning in the sanctity of his bedroom.
More Antonin Scalia Quotes
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The right of parents to direct the upbringing of their children is among the unalienable rights with which the Declaration of Independence proclaims ‘all Men are endowed by their Creator.’
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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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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 Bill of Rights that means what the majority wants it to mean is worthless.
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In the eyes of government we are just one race here. It is American.
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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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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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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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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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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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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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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 law can be both economic folly and constitutional.
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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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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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