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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.

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
Issue
Constitution
Sex
Certainly
Prohibits
Issues
Discrimination
Whether
Require
Doesn
Basis
Doe
Bases

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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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One can be sophisticated and believe in God. Reason and intellect are not to be laid aside where matters of religion are concerned.
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This is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
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A journalistic purpose could be someone with a Xerox machine in a basement.
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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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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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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're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless.
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Why can't the state accede to the public's wishes?
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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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It's a long, uphill fight to get back to original orthodoxy. We have two 'originalists' on the Supreme Court. That's something.
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Devout Christians are destined to be regarded as fools in modern society. We are fools for Christ's sake. We must pray for courage to endure the scorn of the sophisticated world.
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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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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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I think the main fight is to dissuade Americans from what the secularists are trying to persuade them to be true: that the separation of church and state means that the government cannot favor religion over nonreligion.
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The court's job is to uphold the Constitution and you don't call that off in times of crisis. Would the framers have allowed this practice?
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Ever so subtly, without even alluding to the last obstacles preserved by earlier opinions that we now push out of our path, we effectively replace the goal of a discrimination-free society with the quite imcompatible goal of proportionate representation by race and by sex in the workplace.
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Scalia said the court had pretty much signed on to the so-called homosexual agenda, adding: Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means.
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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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