We start with first principles. The Constitution creates a Federal Government of enumerated powers.

I realize that it is an unpopular and unhumanitarian position, for which I have been excoriated by 'liberal' colleagues, but I think Plessy v. Ferguson was right and should be re-affirmed.

The Constitution requires that Congress treat similarly situated persons similarly, not that it engages in gestures of superficial equality.

It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will of the majority in a way that it ought not be frustrated.

Pregnancy is of course confined to women, but it is in other ways significantly different from the typical covered disease or disability.

At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty - and thus a good unto itself - but also is essential to the common quest for truth and the vitality of society as a whole. We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions.

The laws will not be silent in time of war but they'll speak with a somewhat different voice.