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Scalia Rages Against Supreme Court’s Gay Rights Ruling

Justice Antonin Scalia wrote a flaming dissent against the Supreme Court’s 5-4 ruling Wednesday invalidating the core of the Defense of Marriage Act, the law that prohibits married same-sex couples from receiving federal benefits.

Underlying Scalia’s pushback was anger at the majority’s decision to even involve itself in the “abstract questions” of this case and his view that states should be permitted to determine whether or not gay conduct is moral and legislate on that basis.

Here are the top 10 quotes from the staunchly conservative jurist — a mix of rage-filled metaphors and legal punches.

1) ‘Diseased Root’

“We have no power to decide this case,” Scalia wrote. “And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

“The Court is eager — hungry — to tell everyone its view of the legal question at the heart of this case.”

2) ‘Jaw-Dropping,’ ‘Black-Robed Supremacy’

“That is jaw-dropping. It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive,” he wrote, adding that the framers of the Constitution created a judicial branch with limited power in order to “guard their right to self-rule against the black-robed supremacy that today’s majority finds so attractive.”

3) ‘No Justification’ For Obama Administration

Chiding the Obama administration for refusing to defend DOMA in court, Scalia scoffed, “There is no justification for the Justice Department’s abandoning the law in the present case. The majority opinion makes a point of scolding the President for his ‘failure to defend the constitutionality of an Act of Congress based on a constitutional theory not yet established in judicial decisions … But the rebuke is tongue-in-cheek, for the majority gladly gives the President what he wants.”

4) ‘Legalistic Argle-Bargle’

Referring to the issue of standing, Scalia wrote, “I find it wryly amusing that the majority seeks to dismiss the requirement of party-adverseness as nothing more than a ‘prudential’ aspect of the sole Article III requirement of standing.”

“As I have said, the real rationale of today’s opinion, whatever disappearing trail of its legalistic argle-bargle one chooses to follow, is that DOMA is motivated by ‘bare … desire to harm’ couples in same-sex marriages.”

5) ‘Unimaginable Evil This Is Not’

“To be sure, if Congress cannot invoke our authority,” Scalia wrote, “then its only recourse is to confront the President directly. Unimaginable evil this is not. Our system is designed for confrontation.” He was referring to the House Republicans’ decision to defend DOMA after the Obama administration began arguing it should be struck down.

6) ‘Rootless And Shifting’

Excoriating Justice Anthony Kennedy’s majority opinion against DOMA, Scalia declared, “There are many remarkable things about the majority’s merits holding. The first is how rootless and shifting its justifications are.”

As one example, he continued, “the opinion starts with seven full pages about the traditional power of States to define domestic relations—initially fooling many readers, I am sure, into thinking that this is a federalism opinion.”

7) ‘Confusing’

Scalia continued to criticize Kennedy’s opinion, calling it “confusing” on the core issue.

“Moreover, if this is meant to be an equal-protection opinion, it is a confusing one,” Scalia wrote. “The opinion does not resolve and indeed does not even mention what had been the central question in this litigation: whether, under the Equal Protection Clause, laws restricting marriage to a man and a woman are reviewed for more than mere rationality.”

8) ‘Moral Disapproval Of Same-Sex Marriage’

“As I have observed before, the Constitution does not forbid the government to enforce traditional moral and sexual norms,” Scalia wrote. “However, even setting aside traditional moral disapproval of same-sex marriage (or indeed same-sex sex), there are many perfectly valid — indeed, downright boring — justifying rationales for this legislation. Their existence ought to be the end of this case.”

9) ‘Wild-Eyed Lynch Mob’

Accusing the majority of demonizing DOMA’s supporters, Scalia wrote, “I imagine that this is because it is harder to maintain the illusion of the Act’s supporters as unhinged members of a wild-eyed lynch mob when one first describes their views as they see them.”

He continued: “In the majority’s telling, this story is black-and-white: Hate your neighbor or come along with us. The truth is more complicated. It is hard to admit that one’s political opponents are not monsters, especially in a struggle like this one, and the challenge in the end proves more than today’s Court can handle. Too bad.”

10) ‘The Court Has Cheated Both Sides’

“Some will rejoice in today’s decision, and some will despair at it; that is the nature of a controversy that matters so much to so many,” Scalia concluded. “But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better. I dissent.”

by Thanks Ronnie, you really picked a winner...ughreply 4206/28/2013

What Evs.

by Thanks Ronnie, you really picked a winner...ughreply 106/26/2013

Evil fat fuck.

by Thanks Ronnie, you really picked a winner...ughreply 206/26/2013

I am not going to waste bandwidth listing all the ways he is wrong here. All I can add is, "what a drama queen."

by Thanks Ronnie, you really picked a winner...ughreply 306/26/2013

But he has a sublime sense of humor.

by Thanks Ronnie, you really picked a winner...ughreply 406/26/2013

Methinks the Supreme Court Judge protests too much!

by Thanks Ronnie, you really picked a winner...ughreply 506/26/2013

He obviously won't step down while Obama is still in office. He's hoping that a Republican will get elected President in 2016. That's why we need to elect another Democratic President in 2016 so that he is either forced to retire then or dies on the bench and can be replaced.

by Thanks Ronnie, you really picked a winner...ughreply 606/26/2013

[quote]Justice Antonin Scalia wrote a flaming dissent

Deliberate choice of words by the writer?

by Thanks Ronnie, you really picked a winner...ughreply 706/26/2013

Maybe somebody would let me serve him tea.

by Thanks Ronnie, you really picked a winner...ughreply 806/26/2013

Hopefully the pig will keep eating all that greasy food and keep clogging his arteries.

by Thanks Ronnie, you really picked a winner...ughreply 906/26/2013

He was already raging about this decision last week. We had abundant signals that he would be in the minority.

by Thanks Ronnie, you really picked a winner...ughreply 1006/26/2013

With any luck the anger will make him stroke out.

by Thanks Ronnie, you really picked a winner...ughreply 1106/26/2013

[quote] ‘Diseased Root’

IS he talking about his penis?

by Thanks Ronnie, you really picked a winner...ughreply 1206/26/2013

Right,r11, or at least a massive coronary.

by Thanks Ronnie, you really picked a winner...ughreply 1306/26/2013

He's unfit to be judicious, he needs to be impeached.

by Thanks Ronnie, you really picked a winner...ughreply 1406/26/2013

MARY!

by Thanks Ronnie, you really picked a winner...ughreply 1506/26/2013

If he's so concerned about a "Black Robed Supremacy" why doesn't he just quit?

by Thanks Ronnie, you really picked a winner...ughreply 1606/26/2013

I bet his son, the priest, isn't happy either.

by Thanks Ronnie, you really picked a winner...ughreply 1706/26/2013

Scalia really shows some incredibly preposterous reasoning.

by Thanks Ronnie, you really picked a winner...ughreply 1806/26/2013

I try not to let this silly man bother me but it's hard sometimes. He's a fucking embarrassment to the nation. No better than Bachmann, Palin or any of the other wingnuts that currently embody the GOP these days.

I can't understand how someone who is supposedly "highly educated" could be so wrong about something that seems so obvious to normal people. It's as if he can't see the forest for the trees or understand the natural progression of politics in history.

He has been on the wrong side of virtually every single issue. There is a point when "strict constructionist" becomes "strict obstructionist".

by Thanks Ronnie, you really picked a winner...ughreply 1906/26/2013

because despite all of his education, he's still a religious fanatic.

by Thanks Ronnie, you really picked a winner...ughreply 2006/26/2013

He also earns money from speaking engagements at right wing and religious gatherings. Maybe thats what he is thinking: all those high paying gigs could dry up if it seems he is soft on an issue like this. That any judge, let alone a SC judge, could earn money from speaking engagements just reeks of poor ethics.

by Thanks Ronnie, you really picked a winner...ughreply 2106/26/2013

I guess he's against a "black robed supremacy" because he'd prefer a white robed one.

by Thanks Ronnie, you really picked a winner...ughreply 2206/26/2013

R22 FOR THE WIN!!!!!!!!!

by Thanks Ronnie, you really picked a winner...ughreply 2306/26/2013

In the words of Alvy: "What an asshole."

by Thanks Ronnie, you really picked a winner...ughreply 2406/26/2013

Bigotry, which leaves a stain on one's accomplishment, can make one feel like a perpetual outsider.

by Thanks Ronnie, you really picked a winner...ughreply 2506/26/2013

I have been hearing about this nut since the 80's when my step mom would telling what a raging right-wing nutter he was. She has always had an intense dislike for him. The funny thing is does anyone even car what he thinks? The Supreme Court is a politicized machine....why did they even deign to hear arguments on the voters rights legislation? To give one to the GOP and one to the Dems on DOMA?

I was really disappointed to learn that all they do all day is run around and try to find out which was so and so is voting...If Scalia truly believed the court should not hear arguments on the constitutionality of same-sex marriage he should be first in line to overturn DOMA that stupid fucking idiot.

Same with that other loon Ron Paul when he goes on and on and on about state's rights and the fucker votes to uphold DOMA. They really don't understand how this whole federalism thing works do they?

by Thanks Ronnie, you really picked a winner...ughreply 2606/26/2013

"He's a fucking embarrassment to the nation."

Yes, and I wonder: Does he even think about how his posterity is going to view him? If so, does he really think it will view him favorably, when the truth is it will view him as a bigoted troglodyte? Or does he just not care, because he won't be here?

by Thanks Ronnie, you really picked a winner...ughreply 2706/26/2013

Um, yeah- whatever Dr. Scalia said.

by Thanks Ronnie, you really picked a winner...ughreply 2806/26/2013

Those who are marginalized are like the miner's canary: their distress is the first sign of danger that threatens us all.

by Thanks Ronnie, you really picked a winner...ughreply 2906/26/2013

I will happily take a dump on his grave.

by Thanks Ronnie, you really picked a winner...ughreply 3006/26/2013

r26 I think your right about the two case.

“We have no power to decide this case,” Scalia wrote. “And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

If only he used this logic on the VRA.

I almost wish there had been a week at least in between these cases so their gigantic fuck you to the voters of this country would have gotten more attention. It deserves it because it will have a huge impact on elections and it was such a blatant overstepping of their authority so republicans could win more elections.

We need to fight both these fights if we care about equality.

by Thanks Ronnie, you really picked a winner...ughreply 3106/26/2013

bump

by Thanks Ronnie, you really picked a winner...ughreply 3206/27/2013

Whenever I see him I think, " He must have an amazing amount of hair on his back." After I vomit, I feel better.

by Thanks Ronnie, you really picked a winner...ughreply 3306/27/2013

Mean, hateful, selfish tinymeat breeder. One of those guys who deifies their "beloved" wifey because she doesn't mind his micropenis (yeah, right). Some gay guy must have laughed at him in the shower once, and he vowed to destroy all homosexuals.

by Thanks Ronnie, you really picked a winner...ughreply 3406/27/2013

Scalia is why the Supreme Court needs term limits. Having an obvious partisan like him who could be on the court for 40-plus years is just ridiculous.

The lifetime appointment rule is from a time when people dropped dead at 40. It needs to be changed.

by Thanks Ronnie, you really picked a winner...ughreply 3506/27/2013

I agree about lifetime appointments, they really are a useless entity.

by Thanks Ronnie, you really picked a winner...ughreply 3606/28/2013

He sounds like he has dementia.

by Thanks Ronnie, you really picked a winner...ughreply 3706/28/2013

I loved the words he used in his dissent: hungry, briefs, jaw-dropping...

by Thanks Ronnie, you really picked a winner...ughreply 3806/28/2013

I wonder what the other justices think of Scalia.

by Thanks Ronnie, you really picked a winner...ughreply 3906/28/2013

"“That is jaw-dropping. It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive...."

This from the man that voted to gut the Voting Rights Act that had been approved by an overwhelming majority in Congress and supported by the President.

by Thanks Ronnie, you really picked a winner...ughreply 4006/28/2013

R39:

I've read that, contrary to popular perception, Thomas dislikes him; they arrive at the same stupid conclusions separately, without any collusion.

I'd have to bet that Kennedy isn't too fond of him either; probably, Alito is the only one who actually "likes" him.

by Thanks Ronnie, you really picked a winner...ughreply 4106/28/2013

Who cares?

by Thanks Ronnie, you really picked a winner...ughreply 4206/28/2013
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