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

More quotes by Antonin Scalia

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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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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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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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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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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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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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Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.
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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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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
Antonin Scalia
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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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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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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.
Antonin Scalia
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Words no longer have meaning if an Exchange that is not established by a State is established by the State.
Antonin Scalia
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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.
Antonin Scalia
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You could have 50 different states having 50 different regulations... until they were all litigated out.
Antonin Scalia
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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?
Antonin Scalia
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On this day, when we're celebrating our constitutional heritage, I urge you to be faithful to that heritage - to impose on our fellow citizens only the restrictions that are there in the Constitution, not invent new ones, not to invent the right because it's a good idea.
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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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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.
Antonin Scalia
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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.
Antonin Scalia