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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?
Antonin Scalia
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Antonin Scalia
Age: 79 †
Born: 1936
Born: March 11
Died: 2016
Died: February 13
Associate Justice Of The Supreme Court Of The United States
Judge
Lawyer
Professor
Trenton
New Jersey
Antonin Gregory Scalia
Scalia
Antonin G. Scalia
Feelings
Cannot
Things
Homosexuality
Murder
Moral
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Why can't the state accede to the public's wishes?
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If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag. But I am not king.
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To allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.
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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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But I also believe that a lot of gun owners would agree that AK-47s belong in the hands of soldiers, not on the streets of our cities.
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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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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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The wise do not investigate such silliness.
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Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't.
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Campaign promises are - by long democratic tradition - the least binding form of human commitment.
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A journalistic purpose could be someone with a Xerox machine in a basement.
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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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We should start calling this law SCOTUScare ... [T]his Court's two decisions on the Act will surely be remembered through the years ... And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.
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A law can be both economic folly and constitutional.
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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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Words have meaning. And their meaning doesn't change.
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When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?
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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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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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A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
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