Words no longer have meaning if an Exchange that is not established by a State is "established by the State".
Antonin ScaliaThe Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.
Antonin ScaliaIt is a Constitution that morphs while you look at it like Plasticman.... That is contrary to our whole tradition, to in God we trust on the coins, to Thanksgiving proclamations, to (Congressional) chaplains, to tax exemption for places of worship, which has always existed in America.
Antonin ScaliaAs long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
Antonin ScaliaYou can't come in smugly and with great self satisfaction and say 'Oh it's torture, and therefore it's no good.' Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution? It would be absurd to say you couldn't do that. And once you acknowledge that, we're into a different game.
Antonin Scalia