Antonin Scalia: Court (page 2)

“In Barnette, we held that a public school student could not be compelled to recite the Pledge; we did not even hint that she could not be compelled to observe respectful silence.... Logically, that ought to be the next target for the Court's bulldozer.”

Antonin Scalia

On the Pledge of Allegiance: Lee v. Weisman (1992) (dissenting).
1990s

School , Silence

“The Court's reliance upon stare decisis can best be described as contrived. It insists upon the necessity of adhering not to all of Roe, but only to what it calls the 'central holding.' It seems to me that stare decisis ought to be applied even to the doctrine of stare decisis, and I confess never to have heard of this new, keep-what-you-want-and-throw-away-the-rest version.”

Antonin Scalia

On stare decisis (adhering to judicial precedent): Planned Parenthood v. Casey, 505 U.S. 833 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=505&invol=833&friend=oyez (1992) (dissenting).
1990s

“The Court's opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity.”

Antonin Scalia

Navarette v. California, 134 S. Ct. 1683, 1697, 188 L. Ed. 2d 680 (2014).
2010s

Freedom , Parting

“The operation was a success, but the patient died.' What such a procedure is to medicine, the Court's opinion in this case is to law.”

Antonin Scalia

National Endowment for the Arts v. Finley, 524 U.S. 569 (1998) (Scalia, concurring).
1990s

Law , Success

“Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf.”

Antonin Scalia

Morrison v. Olsen, 487 U.S. 654, 699 (1988) (dissenting).
1980s

Wolf , Change , Clothes

“Justice White's conclusion is perhaps correct, if one assumes that the task of a court of law is to plumb the intent of the particular Congress that enacted a particular provision. That methodology is not mine nor, I think, the one that courts have traditionally followed. It is our task, as I see it, not to enter the minds of the Members of Congress - who need have nothing in mind in order for their votes to be both lawful and effective - but rather to give fair and reasonable meaning to the text of the United States Code, adopted by various Congresses at various times.”

Antonin Scalia

Pennsylvania v. Union Gas Co., 491 U.S. 1 (1989) (concurring in part and dissenting in part).
1980s

Justice , Law , Thinking , Time

“We Americans have a method for making the laws that are over us. We elect representatives to two Houses of Congress, each of which must enact the new law and present it for the approval of a President, whom we also elect. For over two decades now, unelected federal judges have been usurping this lawmaking power by converting what they regard as norms of international law into American law. Today's opinion approves that process in principle, though urging the lower courts to be more restrained. This Court seems incapable of admitting that some matters - any matters - are none of its business.”

Antonin Scalia

Sosa v. Alvarez-Machain et al., 542 U. S. 692 (2004) (concurring in part and concurring in judgment).
2000s

Law , Business , Housing

“Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. 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.”

Antonin Scalia

Dissenting, King v, Burwell, 576 U.S. ___ (2015) ; decided June 25, 2015.
2010s

Truth , Law , Penalty , Decision

“Evidently, the governing standard is to be what might be called the unfettered wisdom of a majority of this Court, revealed to an obedient people on a case-by-case basis.”

Antonin Scalia

On legislating from the bench: Morrison v. Olson, 487 U.S. 654 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=487&invol=654 (1988) (dissenting).
1980s

Wisdom , People

“The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time.”

Antonin Scalia

On executing minors: Roper v. Simmons (2005) (dissenting).
2000s

Death , Penalty , Time

“Winning and losing, that's never been my objective. It's my hope that in the fullness of time, the majority of the court will is come to see things as I do.”

Antonin Scalia

NPR interview with Nina Totenberg ; as cited in Scalia: A Court of One https://en.wikiquote.org/wiki/Special:BookSources/1451611463, Bruce Allen Murphy, Simon & Schuster (2014), p. 374
2010s

Hope , Time

“The Court's statement that it is 'tempting' to acknowledge the authoritativeness of tradition in order to 'curb the discretion of federal judges' is, of course, rhetoric rather than reality; no government official is 'tempted' to place restraints upon his own freedom of action, which is why Lord Acton did not say 'Power tends to purify.' The Court's temptation is in the quite opposite and more natural direction -- towards systematically eliminating checks upon its own power; and it succumbs.”

Antonin Scalia

Planned Parenthood v. Casey, 505 U.S. 833 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=505&invol=833&friend=oyez (1992) (dissenting).
1990s

Nature , Reality , Freedom