Antonin Scalia: Doing

“What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? […] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize.”

Antonin Scalia

Board of County Commissioners, Wabaunsee County, Kansas, v. Umbehr, 518 U.S. 668 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U20028&friend=oyez, No. 94-1654 (1996, dissenting); decided June 28, 1996.
1990s

People , Secret , World , Justice

“[Laws] prohibiting sodomy do not seem to have been enforced against consenting adults acting in private… I do not know what 'acting in private' means; surely consensual sodomy, like heterosexual intercourse, is rarely performed on stage.”

Antonin Scalia

On the right to sodomy: Lawrence v. Texas (2003) (dissenting).
2000s

Law

“[The Texas anti-sodomy statute] undoubtedly imposes constraints on liberty. So do laws prohibiting prostitution, recreational use of heroin, and, for that matter, working more than 60 hours per week in a bakery. But there is no right to 'liberty' under the Due Process Clause, though today's opinion repeatedly makes that claim.... The Fourteenth Amendment expressly allows States to deprive their citizens of 'liberty,' so long as 'due process of law' is provided....”

Antonin Scalia

On the right to sodomy: Lawrence v. Texas (2003) (dissenting).
2000s

Law

“As to the Court's invocation of the Lemon test: Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches Union Free School District. Its most recent burial, only last Term, was, to be sure, not fully six feet under: Our decision in Lee v. Weisman conspicuously avoided using the supposed test but also declined the invitation to repudiate it. Over the years, however, no fewer than five of the currently sitting Justices have, in their own opinions, personally driven pencils through the creature's heart (the author of today's opinion repeatedly), and a sixth has joined an opinion doing so. The secret of the Lemon test's survival, I think, is that it is so easy to kill. It is there to scare us (and our audience) when we wish it to do so, but we can command it to return to the tomb at will. Such a docile and useful monster is worth keeping around, at least in a somnolent state; one never knows when one might need him.”

Antonin Scalia

Lamb's Chapel v. Center Moriches Union Free School District, 508 U.S. 384, 398-99 (1993) (concurring) (citations omitted).
1990s

Children , Secret , School , Justice

“How frightening it must be to have your own independent counsel and staff appointed, with nothing else to do but to investigate you until investigation is no longer worthwhile.”

Antonin Scalia

On the independent counsel law: Morrison v. Olson (1988) (dissenting).
1980s

“If you care passionately about something has become the only test to determine if something is constitutional. How passionately do you care?”

Antonin Scalia

Speech at the University of Chicago Law School http://maroon.uchicago.edu/news/articles/2003/05/09/justice_scalia_speak.php (6 May 2003).
2000s

Passion

“In law school, I never understood [antitrust law]. I later found out, in reading the writings of those who now do understand it, that I should not have understood it because it did not make any sense then.”

Antonin Scalia

On Antitrust law: Supreme Court Confirmation Hearings, 8/5/1986, transcript http://a255.g.akamaitech.net/7/255/2422/22sep20051120/www.gpoaccess.gov/congress/senate/judiciary/sh99-1064/31-110.pdf at p. 36).
1980s

School , Law , Understanding , Sense

“The Court today finds that the Powers That Be, up in Albany, have conspired to effect an establishment of the Satmar Hasidim. I do not know who would be more surprised at this discovery: the Founders of our Nation or Grand Rebbe Joel Teitelbaum, founder of the Satmar. The Grand Rebbe would be astounded to learn that after escaping brutal persecution and coming to America with the modest hope of religious toleration for their ascetic form of Judaism, the Satmar had become so powerful, so closely allied with Mammon, as to have become an establishment of the Empire State. And the Founding Fathers would be astonished to find that the Establishment Clause — which they designed to insure that no one powerful sect or combination of sects could use political or governmental power to punish dissenters — has been employed to prohibit characteristically and admirably American accommodation of the religious practices (or more precisely, cultural peculiarities) of a tiny minority sect. I, however, am not surprised. Once this Court has abandoned text and history as guides, nothing prevents it from calling religious toleration the establishment of religion.”

Antonin Scalia

Board of Ed. of Kiryas Joel v. Grumet (1994) (dissenting) (citations and some internal quotation marks omitted).
1990s

Religion , Hope , History , Learning

“If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong.”

Antonin Scalia

Speech at Chapman Law School http://lawandordnance.com/oldbrass/2005/08/the_quotable_sc.php (August 2005).
2000s

Faith , Time

“God has been very good to us. That we won the revolution was extraordinary. The Battle of Midway was extraordinary. I think one of the reasons God has been good to us is that we have done him honor. Unlike the other countries of the world that do not even invoke his name we do him honor. In presidential addresses, in Thanksgiving proclamations and in many other ways.”

Antonin Scalia

Archbishop Rummel High School, Metairie, Louisiana, .
2010s

God , World , Way , Thinking

“We are not talking here about a federal law prohibiting the States from regulating bubble-gum advertising, or even the construction of nuclear plants. We are talking about a federal law going to the core of state sovereignty: the power to exclude. […] The Court opinion’s looming specter of inutterable horror—‘[i]f [Section] 3 of the Arizona statute were valid, every State could give itself independent authority to prosecute federal registration violations’—seems to me not so horrible and even less looming. But there has come to pass, and is with us today, the specter that Arizona and the States that support it predicted: A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude. So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws? […] Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so. […] Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State.”

Antonin Scalia

Concurring in part and dissenting in part, Arizona v. United States (2012) : 567 U.S. ___ (2012); decided June 25, 2012.
2010s

Law , Feeling , Fashion , Support

“The outcome of today's case will doubtless be heralded as a triumph of judicial statesmanship. It is not that, unless it is statesmanlike needlessly to prolong this Court's self-awarded sovereignty over a field where it has little proper business, since the answers to most of the cruel questions posed are political, and not juridical -- a sovereignty which therefore quite properly, but to the great damage of the Court, makes it the object of the sort of organized public pressure that political institutions in a democracy ought to receive. […] Ordinarily, speaking no more broadly than is absolutely required avoids throwing settled law into confusion; doing so today preserves a chaos that is evident to anyone who can read and count. Alone sufficient to justify a broad holding is the fact that our retaining control, through Roe, of what I believe to be, and many of our citizens recognize to be, a political issue, continuously distorts the public perception of the role of this Court. We can now look forward to at least another Term with carts full of mail from the public, and streets full of demonstrators, urging us -- their unelected and life-tenured judges who have been awarded those extraordinary, undemocratic characteristics precisely in order that we might follow the law despite the popular will -- to follow the popular will. Indeed, I expect we can look forward to even more of that than before, given our indecisive decision today. […] It was an arguable question today whether [Section] 188.029 of the Missouri law contravened this Court’s understanding of Roe v. Wade, and I would have examined Roe rather than examining the contravention. […] Of the four courses we might have chosen today -- to reaffirm Roe, to overrule it explicitly, to overrule it sub silentio, or to avoid the question -- the last is the least responsible. On the question of the constitutionality of [Section] 188.029, I concur in the judgment of the Court and strongly dissent from the manner in which it has been reached.”

Antonin Scalia

Webster v. Reproductive Health Services (1989, concurring in part and concurring in the judgment), 492 U.S. 490 https://www.law.cornell.edu/supremecourt/text/492/490#writing-USSC_CR_0492_0490_ZC1, No. 88-605 ; decided July 3, 1989
1980s

Life , Law , Democracy , Understanding

“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… That's a possible way to run a political system. The Europeans run it that way… And if the American people want to do it, I suppose they can enact that by statute. But to say that's what the Constitution requires is utterly absurd.”

Antonin Scalia

Speech at Colorado Christian University, quoted in Valerie Richardson, "Scalia defends keeping God, religion in public square" http://www.washingtontimes.com/news/2014/oct/1/justice-antonin-scalia-defends-keeping-god-religio/ (), The Washington Times.
2010s

People , Religion , Way , Thinking

“Words do have a limited range of meaning, and no interpretation that goes beyond that range is permissible.”

Antonin Scalia

Speech at Princeton University (1995), as quoted in a Scalia profile published by The Christian Science Monitor http://csmonitor.com/cgi-bin/durableRedirect.pl?/durable/1998/03/03/us/us.3.html.
1990s

“Abusive' (or 'hostile,' which in this context I take to mean the same thing) does not seem to me a very clear standard - and I do not think clarity is at all increased by adding the adverb objectively or by appealing to a reasonable person's notion of what the vague word means.”

Antonin Scalia

Harris v. Forklift Systems, Inc., 510 U.S. 17 http://straylight.law.cornell.edu/supct/html/92-1168.ZC.html (1993) (concurring).
1990s

Hostility , Thinking , Personality

“As I understand the various opinions today: One Justice holds that two-parent notification is unconstitutional (at least in present circumstances) without judicial bypass, but constitutional with bypass […]; four Justices would hold that two-parent notification is constitutional with or without bypass […]; four Justices would hold that two-parent notification is unconstitutional with or without bypass, though the four apply two different standards […]; six Justices hold that one-parent notification with bypass is constitutional, though for two different sets of reasons […]; and three Justices would hold that one-parent notification with bypass is unconstitutional […]. One will search in vain the document we are supposed to be construing for text that provides the basis for the argument over these distinctions and will find in our society’s tradition regarding abortion no hint that the distinctions are constitutionally relevant, much less any indication how a constitutional argument about them ought to be resolved. The random and unpredictable results of our consequently unchanneled individual views make it increasingly evident, Term after Term, that the tools for this job are not to be found in the lawyer’s – and hence not in the judges – workbox. I continue to dissent from this enterprise of devising an Abortion Code, and from the illusion that we have authority to do so.”

Antonin Scalia

On whether a state law may require notification of both parents before a minor can obtain an abortion; Hodgson v. Minnesota (1990, concurring in the judgment and dissenting in part), 497 U.S. 417 http://caselaw.findlaw.com/us-supreme-court/497/417.html, No. 88-605 ; decided June 25, 1990
1990s

Justice , Search , Understanding , Parent

“My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter.”

Antonin Scalia

Call for Reckoning http://pewforum.org/deathpenalty/resources/transcript3.php3 - Pew Forum conference (25 January 2002). N.b. this speech was later modified into an article - God's Justice and Ours http://www.firstthings.com/article/2007/01/gods-justice-and-ours-32 which repeats much the same points.
2000s

Law

“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

“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