A law can be both economic folly and constitutional.
ANTONIN SCALIAI even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
More Antonin Scalia Quotes
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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 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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[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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[If critics of the Pledge of Allegiance persuaded the public it should be changed] then we could eliminate under God from the Pledge of Allegiance, that could be democratically done.
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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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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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People look at rights as if they were muscles — the more you exercise them, the better they get.
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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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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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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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This is so absurd that it has, to my knowledge, never been contemplated.
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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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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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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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You could have 50 different states having 50 different regulations until they were all litigated out.
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