There 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 ScaliaTo be honest about it, that is the view of Christians taken by modern society. Surely those who adhere to all or most of these traditional Christian beliefs are to be regarded as simpleminded.
Antonin ScaliaEver so subtly, without even alluding to the last obstacles preserved by earlier opinions that we now push out of our path, we effectively replace the goal of a discrimination-free society with the quite imcompatible goal of proportionate representation by race and by sex in the workplace.
Antonin ScaliaMore importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.
Antonin ScaliaIf we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless.
Antonin ScaliaThe mere possession of monopoly power, and the concomitant charging of monopoly prices, is not only not unlawful, it is an important element of the free-market system. The opportunity to charge monopoly prices - at least for a short period - is what attracts 'business acumen' in the first place; it induces risk taking that produces innovation and economic growth.
Antonin Scalia