Justice Scalia: Supreme Court has no business inventing ‘new minorities’


Kicking off the Montana Chapter of the Federalist Society’s inauguration Monday in Bozeman, conservative U.S. Supreme Court Justice Antonin Scalia remarked that the court should refrain from inventing “new minorities.”

Addressing a packed ballroom comprised mainly of GOP lawmakers and conservative activists, he noted that the division of responsibilities between courts and lawmakers has become clouded over the years. He asked rhetorically of the Bill of Rights, “Should [these rights] be defined by the Supreme Court or should they be defined by the people?” according to KZBK.com.

Liberals claim that the Constitution is an evolving, living document. Scalia has long-disagreed, saying it means exactly what it says — nothing more, nothing less.

He emphasized the point in January while guest-lecturing students at Southern Methodist University Law School when he said, “It is not a living document; it is dead, dead, dead!”

But when “living document” proponents are elevated to the high court, the Constitution’s original intent becomes obscured.

“It’s like having a mini constitutional convention every time you nominate a Supreme Court Justice,” he said.

Given that our government is “of the people,” the ordinary citizen, “Joe 6 pack,” is the person who should decide what is legal or illegal according to Scalia, not 9 lawyers sitting around a table.

Apparently using the Court’s recent decisions on gay marriage as an example, Scalia noted, “It’s not up to the courts to invent new minorities that get special protections,” according to Townhall.

In June, the Supreme Court struck down California’s Proposition 8, which outlawed same marriage, and declared the federal Defense of Marriage Act, defining marriage as the union of one man and one woman, unconstitutional.

The associate justice then accepted questions submitted in writing from the audience.

When asked which case was the most wrenching, he answered, “The most wrenching, the most wrenching.. is Obamacare too recent?”


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