The 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 ScaliaPeople look at rights as if they were muscles โ the more you exercise them, the better they get.
Antonin ScaliaUnder 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 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 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 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 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 Scalia