Anyone who thought Supreme Court Justice Antonin Scalia’s dissent in Thursday’s Obamacare—which Scalia now calls “SCOTUScare”— was intense should read his dissent in Friday’s 5-4 ruling mandating same-sex marriage in all 50 states. In fact, Fox News’ Andrew Napolitano said that Scalia’s Obamacare dissent “looks like a Christmas card” compared to his rebuke of the majority today.
Scalia doesn’t hold back in his criticisms of the Supreme Court and the “wisdom” of five robed members of our federal government.
We pulled out a dozen of the best quotes from his blistering disagreement with the SCOTUS majority (emphasis added):
“I write separately to call attention to this Court’s threat to American democracy.”
“[I]t is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court’s claimed power to create ‘liberties’ that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”
“This is a naked judicial claim to legislative—indeed, super-legislative—power; a claim fundamentally at odds with our system of government. Except as limited by a constitutional prohibition agreed to by the People, the States are free to adopt whatever laws they like, even those that offend the esteemed Justices’ ‘reasoned judgment.’ A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.”
“The opinion is couched in a style that is as pretentious as its content is egotistic. It is one thing for separate concurring or dissenting opinions to contain extravagances, even silly extravagances, of thought and expression; it is something else for the official opinion of the Court to do so.”
“The five Justices who compose today’s majority are entirely comfortable concluding that every State violated the Constitution for all of the 135 years between the Fourteenth Amendment’s ratification and Massachusetts’ permitting of same-sex marriages in 2003. They have discovered in the Fourteenth Amendment a ‘fundamental right’ overlooked by every person alive at the time of ratification, and almost everyone else in the time since. They see what lesser legal minds—minds like Thomas Cooley, John Marshall Harlan, Oliver Wendell Holmes, Jr., Learned Hand, Louis Brandeis, William Howard Taft, Benjamin Cardozo, Hugo Black, Felix Frankfurter, Robert Jackson, and Henry Friendly—could not. They are certain that the People ratified the Fourteenth Amendment to bestow on them the power to remove questions from the democratic process when that is called for by their ‘reasoned judgment.’ These Justices know that limiting marriage to one man and one woman is contrary to reason; they know that an institution as old as government itself, and accepted by every nation in history until 15 years ago, cannot possibly be supported by anything other than ignorance or bigotry. And they are willing to say that any citizen who does not agree with that, who adheres to what was, until 15 years ago, the unanimous judgment of all generations and all societies, stands against the Constitution.”
“The stuff contained in today’s opinion has to diminish this Court’s reputation for clear thinking and sober analysis.”
Scalia was a lone voice in the corrupt court.
Another sad day for America
I don't always agree with this justice - but on this he is Spot On.
He covered it all, left no stone unturned - there is no argument that can oppose his opinion on this!
Yea, all the libs will say he's wrong but Who Cares, they are (more frequently) getting seen for what they are RACIST SOCIALIST'S!
Folks, this is on us - if we do nothing we get what we deserve, we have to make sure ALL these Jackasses hear us loud and clear put the fear of God in them.
Or his blessings will no longer grace this once great nation - and faith aside we need to act because it's the right thing to do - the neccessary thing to do.
If WE don't - WHO will?
The Founders went through so much more, risked so much more, sacrificed so much more - can we honestly do anything less and call ourselves Americans?
IMHO The Founders have passed the torch to us, we can't afford to drop it, too much is at stake!
Five snakes ignore law, ignore the constitution they are sworn to uphold. Those snakes should be incarcerated for life.
Carla Jones & All Others,
In answer to your question "and the order dismissed?"
U.S. Constitution – Amendment X
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”.
WTP must take action NOW---everyone, please call your Governor Monday; ask him/her to stand on the 10th Amendment and reject the SCOTUS ruling.
Declaration of Independence (2nd paragraph-power to the People):
“….That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government”.
Everyone, please take action!! We must do all possible to save our country...it is now up to us.
The Constitution says judges "shall hold their Offices during good Behaviour," so speaking of impeachment is the way to assert that using partisan judicial power to undermine health care for our nation is not proper behavior for unelected judges. The founders impeached 3 times: swearing in court, drinking on own time, and not following Constitution. They were removed from the bench. I don't know if they were imprisoned.
Impeachment only extends to removal from office... any criminal conduct requires indictment and due process... a trial and if convicted then sentencing. We need to Impeach and if the Judges have engaged in criminal conduct then charge and try them.
He can say whatever he wants - it's just too late the law has been decided. Where is all this going to take us now? It's all too ugly that the states are not in control, the people are not valued for their opinions and traditional beliefs, that the Constitution is just trashed by the brainless.
The future should be interesting since the Southern Pastors have already stated that they will not comply - interesting days ahead...
Time to offer a Defense of Marriage Amendment to the US Constitution... ask your members of Congress to propose an Amendment to the Constitution that will over turn this ruling... it is the only way to reverse this horrible SCOTUS decision.
We also need to IMPEACH 5 US Supreme Court Justices and a host of lower Justices... while, at it Congress should consider on Impeaching several if not most of the US Attorneys for failing to investigate and prosecute the wholesale corruption in our government.
Time for the House to take Scalia's scathing rebuttal to heart and too use as a guide in crafting Articles of Impeachment on the 5 Justices that made this horrible claim to power... there is indeed more at stake here than homosexual marriage... this is a blatant and overt grab of power that must be shut down... by Congress and every state in the Union. These 5 justices need to be removed from the court... and disbarred their judgment being indicative of an inability to grasp the basics of our Constitution makes them unqualified as officers of the Court... lawyers.
Contact everyone of your federal legislators and demand they begin Impeachment of these out of control judges... it may also help to notify your State Governors and Legislators that you don't expect them too obey this decision as it is so over the top that it must be disobeyed or our State sovereignty and Constitution means nothing.