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Wed Jun 26, 2013, 10:27 PM

Antonin Scalia’s self-pitying, angry nostalgia

Antonin Scalia’s self-pitying, angry nostalgia
Supreme Court's arch-conservative says legalizing same-sex marriage discriminates against people who don't want it

By Alex Pareene

(Salon) Justice Antonin Scalia’s dissent in the Supreme Court case that declared the Defense of Marriage Act unconstitutional is, as expected, fun reading. It’s also quite representative of the current state of anti-gay marriage arguments in general: It is much more concerned with whining and raging than it is with actual argumentation.

Scalia’s main point is that the court has no right to strike down DOMA. In doing so, Scalia says, the Supreme Court has overstepped its authority.

It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere “primary” in its role.

The case could be made that this is sort of the only honest Originalist argument — there is nothing in the Constitution granting the Supreme Court the authority to determine the constitutionality of duly passed legislation, after all — but obviously this argument rather glaringly contradicts every single instance of Scalia voting to strike down a law. Indeed, it contradicts a decision the Supreme Court announced yesterday, in which the conservatives decided that a portion of the Voting Rights Act that they didn’t care for was unconstitutional because they didn’t care for it. But if Scalia wishes to recuse himself from all future cases involving constitutional questions, now that he has determined that Marbury v. Madison was improperly decided, I am not inclined to stop him. ...................(more)

The complete piece is at: http://www.salon.com/2013/06/26/antonin_scalias_self_pitying_angry_nostalgia/

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Reply Antonin Scalia’s self-pitying, angry nostalgia (Original post)
marmar Jun 2013 OP
Tx4obama Jun 2013 #1

Response to marmar (Original post)

Wed Jun 26, 2013, 10:33 PM

1. He didn't think that when he voted on gutting the Voting Rights Act that Congress had passed in 2006

FU Scalia

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