Antonin Scalia

Antonin Scalia4 posts
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13 Feb, 2016

‘A massive setback for the Conservative movement’


Trump pays tribute to Scalia:

I would like to offer my sincerest condolences to the Scalia family after the passing of Justice Scalia. Justice Scalia was a remarkable person and a brilliant Supreme Court Justice, one of the best of all time. His career was defined by his reverence for the Constitution and his legacy of protecting Americans’ most cherished freedoms. He was a Justice who did not believe in legislating from the bench and he is a person whom I held in the highest regard and will always greatly respect his intelligence and conviction to uphold the Constitution of our country. My thoughts and prayers are with his family during this time.

On Twitter:


Antonin Scalia dead at 79


Scalia dies in his sleep while on a hunting trip in West Texas, according to a statement by Chief Justice Roberts:

He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served.

26 Jun, 2015

Guarantees right to same-sex marriage


The Court rules in a 5-4 decision that the Constitution guarantees a right to same-sex marriage. The plaintiffs, gay and lesbian couples from four states, said they had a fundamental right to marry and to equal protection, adding that the bans they challenged demeaned their dignity, imposed countless practical difficulties and inflicted particular harm on their children, while Lawyers for the four states said their bans were justified by tradition and the distinctive characteristics of opposite-sex unions. They said the question should be resolved democratically, at the polls and in state legislatures, rather than by judges. Justice Kennedy writes for the majority, which includes Sotomayer, Ginsburg, Breyer and Kagan:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. It would misunderstand these men and women to say they disrespect the idea of marriage…Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

In the dissent, Roberts, joined by Scalia and Thomas, says the Constitution has nothing to say on the subject:

If you are among the many Americans — of whatever sexual orientation — who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.

Scalia also added:

The opinion is couched in a style that is as pretentious as its content is egotistic. Of course the opinion’s showy profundities are often profoundly incoherent.

Jun 2015

Upholds health care subsidies


In a 6-3 ruling, justices uphold health care subsidies, based on their finding that critics’ reading of Obamacare might make sense in isolation, but not when viewed in a larger context and in light of the intention of the law. Americans who currently receive subsidies under the Affordable Care Act will continue to do so.  Chief Justice Roberts writes for the majority:

Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.

He is joined by Justices Breyer, Ginsburg, Kagan, Kennedy and Sotomayor. Justice Scalia presents the dissent, and is joined by Justices Alito and Thomas. Scalia calls the decision “wonderfully convenient,” complains about “interpretative jiggery-pokery” and argues it was not the Court’s job to make up for the sloppy drafting of the law by Congress, branding the law as “SCOTUScare”.

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