The court's job is to uphold the Constitution and you don't call that off in times of crisis. Would the framers have allowed this practice?
Antonin Scalia[If critics of the Pledge of Allegiance persuaded the public it should be changed] then we could eliminate under God from the Pledge of Allegiance, that could be democratically done.
Antonin ScaliaJustice 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 ScaliaIf, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
Antonin Scalia