It's a long, uphill fight to get back to original orthodoxy. We have two 'originalists' on the Supreme Court. That's something.
Antonin ScaliaIn a big family the first child is kind of like the first pancake. If it's not perfect, that's okay, there are a lot more coming along.
Antonin ScaliaTo allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.
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 ScaliaI even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
Antonin ScaliaThat's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break. But you would have to be an idiot to believe that. The Constitution is not a living organism; it is a legal document. It says something and doesn't say other things.
Antonin Scalia