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[Rolan7]

> "Plain english"
> First sentence uses the word "paean"

I'll figure this out when I'm more awake.  I'm not yet convinced that this was constitutionally sound, but I don't grok it yet.  I'm super excited and happy that it happened, I'm just wondering if it was proper or if we "stole" a win (as happens a lot in politics).
(Also PTW)

[Leafsnail]

Page 40 onwards are the dissenting judges yelling at clouds.

Seriously.

Who ever thought that intimacy and spirituality [whatever that means] were freedoms?" he wrote. "And if intimacy is, one would think that Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie.

[wierd]

Cue jokes about "Same sex marriage".

(As in, they always have "The same sex" after marriage.)

[MetalSlimeHunt]

Page 40 onwards are the dissenting judges yelling at clouds.

Seriously.

Who ever thought that intimacy and spirituality [whatever that means] were freedoms?" he wrote. "And if intimacy is, one would think that Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie.

>not quoting the part where he calls the majority a fortune cookie

The [majority] opinion is couched in a style that is as pretentious as its content is egotistic. If, 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.

This guy and Ginsburg are friends, for the record.

[MonkeyHead]

Page 40 onwards are the dissenting judges yelling at clouds.

Seriously.

Who ever thought that intimacy and spirituality [whatever that means] were freedoms?" he wrote. "And if intimacy is, one would think that Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie.

>not quoting the part where he calls the majority a fortune cookie

The [majority] opinion is couched in a style that is as pretentious as its content is egotistic. If, 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.

This guy and Ginsburg are friends, for the record.

AM I reading and interpreting that correctly? Is he actually saying that he does not believe in the equality of all humans?

[wierd]

impossible to know. Perhaps he feels that the concept of the Proletariat is true?

Maybe he feels that legal rulings need to be less "Feely" and more clinical and calculated.

[Helgoland]

I think he's saying that the constitution does not promise 'liberty'. Taken literally this is perfectly obvious, but apparently Scalia does not know about 'stylistic devices', 'metaphors', and similar liberal hogwash.

[wierd]

That would be the latter then-- Clinical and calculated, all the way down to using language like a weapon-- clean and precise.

Metaphor is neither clean nor precise.

[MetalSlimeHunt]

Scalia is an originalist, and it's pretty clear that the founders didn't intend for the Constitution to protect same-sex marriage, and therefore he says it does not.

[Sergarr]

Founders didn't intend for Constitution to protect black people and women rights, too, so that's an extremely weak argument.

[Helgoland]

The preamble... kind of does?

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The key words here are 'in order to' - the constitution is the instrument of securing said blessings, it does not itself promise liberty.

It's bullshit, but he's technically correct.

[MetalSlimeHunt]

Founders didn't intend for Constitution to protect black people and women rights, too, so that's an extremely weak argument.

Welcome to originalism, though originalists generally include the original intent of all amendments as well, and Amendment XIV can be reasonably said to be intended to protect black people while Amendment XIX fulfills women's suffrage.

The preamble... kind of does?

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The key words here are 'in order to' - the constitution is the instrument of securing said blessings, it does not itself promise liberty.

It's bullshit, but he's technically correct.

Only those who believe in a Living Constitution generally give the words of the preamble any legal weight, and even then I'm almost certain there has never been a case that used the preamble as a decision point.

[Leafsnail]

Scalia is an originalist

(when it's convenient for him to be)

[MetalSlimeHunt]

Scalia is an originalist

(when it's convenient for him to be)

I've never known him to base his decisions elsewhere. It's not exactly hard to line up originalism and conservatism.

[Sheb]

Well, there was his decision on the recent ACA ruling, where he came against it despite it being pretty clear that Congress intended to subsidy the federal-set exchanges as well.