“…It would be absurd to say you couldn’t do that. “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?” he asked. Scalia, in an interview about the constitutional ban of cruel and unusual punishment, suggested hitting someone in the face was justifiable. The justice justifies face-smacking - Speaking on a BBC radio show “I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged,” he joked.ġ0. Orgies should be encouraged - Speaking at Harvard University If it’s not perfect, that’s OK,” he said.
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“In a big family the first child is kind of like the first pancake. Scalia, the father of nine and grandfather of 36, likened a first child to a first pancake. And have the courage to suffer the contempt of the sophisticated world.” “If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity,” he added. and he has not been disappointed,” Scalia said. “God assumed from the beginning that the wise of the world would view Christians as fools.
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Fools for Christ - Speaking at the Knights of Columbus Council 969 centennialīelieving in traditional Christianity is something else, Scalia said, referencing beliefs such as God being born the son of a virgin and the concept of heaven and hell. “It’s not up to the courts to invent new minorities that get special protections,” he said.ħ. Referencing the Supreme Court’s decisions on gay marriage and benefits for same-sex couples, Scalia said the court’s job isn’t to create exceptions outside of the Constitution. In August 2013, Scalia charged that the high court was making congressional decisions, such as “inventing” new classes of minorities. Don’t invent minorities - Speaking at a hotel ballroom in Montana Scalia added, “The judge who always likes the results he reaches is a bad judge.”Ħ. The Constitution is “not a living document,” he told the SMU crowd in 2013. The Constitution is dead - Speaking at Southern Methodist University Verrilli insisted that the food market was “quite different.”ĥ. “Everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market therefore, you can make people buy broccoli.” On the second day of oral arguments for the Obamacare case, Scalia asked Donald Verrilli, the lawyer representing the Obama administration, to defend a provision in the law that asks why Washington bureaucrats couldn’t force Americans to buy vegetables. We should start calling this law SCOTUScare.” “So it rewrites the law to make tax credits available everywhere. “This Court, however, concludes that this limitation would prevent the rest of the Act from working as well as hoped,” he wrote. Scalia maintained that when Congress passed Obamacare, it passed a bill that mandated that tax credits only be available on an “Exchange established by the State.” “The Court’s next bit of interpretive jiggery-pokery involves other parts of the Act that purportedly presuppose the availability of tax credits on both federal and state Exchanges.” Even if it were true that the term ‘such Exchange’ … implies that federal and state Exchanges are the same in general, the term ‘established by the State’ … makes plain that they differ when it comes to tax credits in particular,” he said. “The Court’s argument also overlooks the rudimentary principle that a specific provision governs a general one. In the same case, Scalia argued that the interpretation of “such” in a particular phrase in the Obamacare legislation falsely claims that the federal and state exchanges are the same. “Otherwise, the Court says, there would be no qualified individuals on federal Exchanges, contradicting (for example) the provision requiring every Exchange to take the ‘interests of qualified individuals’ into account when selecting health plans.Pure applesauce.” “The Court claims that the Act must equate federal and state establishment of Exchanges when it defines a qualified individual as someone who (among other things) lives in the ‘State that established the Exchange’,” Scalia wrote. In his dissenting opinion on the Obamacare case, Scalia assessed one element of the majority’s opinion to be “pure applesauce” - Justice Stephen Breyer used a similar phrase in 2007 in his dissenting view: sheer applesauce. Here are 11 of his most memorable comments (in no particular order):
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After three decades on the highest court in the land, the conservative justice will also be remembered for his sometimes ineffable remarks.