Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue Congress from its drafting errors.'
Antonin ScaliaThere is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction. My concern is that in making life easier for ourselves we not appear to make it harder for the lower federal courts, imposing upon them the burden of regularly analyzing newly-discovered-evidence-of-innocence claims in capital cases (in which event such federal claims, it can confidently be predicted, will become routine and even repetitive).
Antonin ScaliaI am glad that I am not raising kids today. And Iโm rather pessimistic that my grandchildren will enjoy the great society that Iโve enjoyed in my lifetime. I really think itโs coarsened. Itโs coarsened in so many ways. One of the things that upsets me about modern society is the coarseness of manners. You canโt go to a movie โ or watch a television show for that matter โ without hearing the constant use of the F-word โ including, you know, ladies using it. People that I know donโt talk like that!
Antonin ScaliaUnder all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.
Antonin Scalia