Antonin Scalia: Quotes about thinking

“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

“Jack Bauer saved Los Angeles. He saved hundreds of thousands of lives, are you going to convict Jack Bauer? Say that criminal law is against him? 'You have the right to a jury trial?' Is any jury going to convict Jack Bauer? I don't think so.”

Antonin Scalia

Citing the television program 24 to support torture. Last Week Tonight http://www.thedailybeast.com/articles/2015/06/15/john-oliver-and-helen-mirren-take-the-u-s-and-24-s-jack-bauer-to-task-over-torture.html
2000s

Law , Angels , Thinking

“I think too many promising young minds are wasted on it.”

Antonin Scalia

On college graduates considering law as a career: Address to the Claremont McKenna College Res Publica Society Luncheon http://www.claremontmckenna.edu/mmca/temp_fn.asp?volumeFN=22&issueFN=05&articleFN=10&typeFN=s (31 January 2007).
2000s

Thinking

“I think [that] '[t]he judicial Power of the United States' conferred upon this Court 'and such inferior courts as Congress may establish', must be deemed to be the judicial power as understood by our common-law tradition. That is the power 'to say what the law is', Marbury v. Madison, 1 Cranch 137, 177 (1803), not the power to change it.”

Antonin Scalia

James M. Beam Distilling Co. v. Georgia, 501 U.S. 529 http://straylight.law.cornell.edu/supct/html/89-680.ZC3.html (1991) (concurring).
1990s

Law , Thinking , Change

“Individuals who have been wronged by unlawful racial discrimination should be made whole; but under our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual.... To pursue the concept of racial entitlement - even for the most admirable and benign of purposes - is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American.”

Antonin Scalia

Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 239 (1995) (Scalia, J., concurring).
1990s

Way , Thinking , Future

“We reject the dissent's contention that our approach, by "largely return[ing] the task of defining the contours of Eighth Amendment protection to political majorities," leaves "‘[c]onstitutional doctrine [to] be formulated by the acts of those institutions which the Constitution is supposed to limit,'" […] By reaching a decision supported neither by constitutional text nor by the demonstrable current standards of our citizens, the dissent displays a failure to appreciate that "those institutions which the Constitution is supposed to limit" include the Court itself. To say, as the dissent says, that "‘it is for us ultimately to judge whether the Eighth Amendment permits imposition of the death penalty,'" (quoting Enmund v. Florida) -- and to mean that as the dissent means it, i. e., that it is for us to judge, not on the basis of what we perceive the Eighth Amendment originally prohibited, or on the basis of what we perceive the society through its democratic processes now overwhelmingly disapproves, but on the basis of what we think "proportionate" and "measurably contributory to acceptable goals of punishment" -- to say and mean that, is to replace judges of the law with a committee of philosopher-kings.”

Antonin Scalia

Stanford v. Kentucky (1989) (plurality part, case later overruled by Roper); decided June 26, 1989.
1980s

Death , Law , Penalty , Quotes

“I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial .”

Antonin Scalia

Regarding oral arguments http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-96.pdf, (27 February 2013).
2010s
Context: The problem here, however, is suggested by the comment I made earlier, that the initial enactment of this legislation in a — in a time when the need for it was so much more abundantly clear was — in the Senate, there — it was double-digits against it. And that was only a 5-year term. Then, it is reenacted 5 years later, again for a 5-year term. Double-digits against it in the Senate. Then it was reenacted for 7 years. Single digits against it. Then enacted for 25 years, 8 Senate votes against it. And this last enactment, not a single vote in the Senate against it. And the House is pretty much the same. Now, I don't think that's attributable to the fact that it is so much clearer now that we need this. I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial.

Thinking

“I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion.”

Antonin Scalia

2000s
Context: Antonin Scalia: It's erected as a war memorial. I assume it is erected in honor of all of the war dead. It's the — the cross is the — is the most common symbol of — of — of the resting place of the dead, and it doesn't seem to me — what would you have them erect? A cross — some conglomerate of a cross, a, and you know, a Moslem half moon and star?
Peter Eliasberg: Well, Justice Scalia, if I may go to your first point. The cross is the most common symbol of the resting place of Christians. I have been in Jewish cemeteries. There is never a cross on a tombstone of a Jew. [Laughter. ] So it is the most common symbol to honor Christians.
Antonin Scalia: I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion.

War , Thinking , Dead

“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

“I don't think it's a living document, I think it's dead. More precisely, I think it's enduring. It doesn't change. I think that needs to be orthodoxy.”

Antonin Scalia

Speech at Thomas Jefferson High School in Alexandria, Virginia (April 2008). http://www.swamppolitics.com/news/politics/blog/2008/04/no_to_cameras_yes_to_60_minute.html
2000s

Thinking , Change , Dead

“What if I am an aficionado of bullfights and I think, contrary to the animal cruelty people, that they ennoble both beast and man. I would not be able to market videos showing people how exciting a bullfight.”

Antonin Scalia

The Human Sacrifice Channel? Crush-Video Arguments Get Creative http://blogs.wsj.com/law/2009/10/07/the-human-sacrifice-channel-crush-video-arguments-get-creative/ Wall Street Journal, (Oct, 2008).
2000s

People , Thinking , Animals

“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

“Perhaps the dissenters believe that 'offense to others' ought to be the only reason for restricting nudity in public places generally.... The purpose of Indiana's nudity law would be violated, I think, if 60,000 fully consenting adults crowded into the Hoosierdome to display their genitals to one another, even if there were not an offended innocent in the crowd.”

Antonin Scalia

On decency laws: Barnes v. Glen Theatre, Inc. (1991) (concurring).
1990s

Law , Thinking

“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

“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

“I think it is up to the judge to say what the Constitution provided, even if what it provided is not the best answer, even if you think it should be amended. If that's what it says, that's what it says.”

Antonin Scalia

Forum at American University http://domino.american.edu/AU/media/mediarel.nsf/1D265343BDC2189785256B810071F238/1F2F7DC4757FD01E85256F890068E6E0?OpenDocument (2005).
2000s

Thinking

“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

War , Law , Way , Thinking

“Those who believe that racial preferences can help to 'even the score' display, and reinforce, a manner of thinking about race that was the source of the injustice and that will, if it endures within our society, be the source of more injustice still.”

Antonin Scalia

On affirmative action: Richmond v. Croson Co. (1989) (concurring).
1980s

Thinking , Help