Antonin Scalia: Quotes about laws

Antonin Scalia was former Associate Justice of the Supreme Court of the United States. Explore interesting quotes on law.

Antonin Scalia: 200 quotes27 likes

“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

“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

“If to state this case is not to decide it, the law has departed further from the meaning of language than is appropriate for a government that is supposed to rule (and to be restrained) through the written word.”

Antonin Scalia

United States v. Rodriguez-Moreno, 526 U.S. 275 (1998) (Scalia, dissenting).
1990s

“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. <br class="br">2000s

“Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it.”

Antonin Scalia

On civil rights and the Global War on Terrorism: Hamdi v. Rumsfeld (2004) (dissenting).
2000s

“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

“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

“You could fire a grapefruit out of a cannon over the best law schools in the country - and that includes Chicago - and not hit an originalist.”

Antonin Scalia

On modern teaching of law: Speech at University of Chicago Law School http://maroon.uchicago.edu/news/articles/2003/05/09/justice_scalia_speak.php, (6 May 2003). <br class="br">2000s