Under 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 ScaliaMany think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it.
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 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 Scalia