Wednesday, January 04, 2023

Designing

"What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? [...] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize."
-Antonin Scalia,
Board of County Commissioners, Wabaunsee County, Kansas, v. Umbehr, 518 U.S. 668, No. 94-1654 (1996, dissenting); decided June 28, 1996.

0 Comments:

Post a Comment

<< Home