US Supreme Court Justice Antonin Scalia is still whining about the fact that Section 3 of the Defense of Marriage Act and Proposition 8 were struck down by the courts. He complained today that “It’s not up to the courts to invent new minorities that get special protections.”
Of course, Scalia, who was speaking to a packed hotel ballroom in Bozeman, Montana, apparently missed that LGBT people are now a protected class thanks to several acts of Congress.
In recent years, Scalia has been incredibly upset over how the Supreme Court has behaved with regards to a variety of cases claiming that the Court should not be acting as the moral arbiter of the country. It has been pointed out that this largely means that Scalia wants the Court to abdicate its job determining what is and is not legal under the Constitution.
Scalia, not quite grasping what he seems to be talking about, pointed to the fact that things like protections for minorities and the vote being given to women were written into the Constitution. Scalia fancies himself an originalist or a strict constructionalist claiming that only the interpretation of the law at the time of its adoption is the correct one.
This has not stopped Scalia from voting exactly the opposite of how the Founders would have wanted, including backing the disastrous decision in Citizens United.
Scalia was speaking to more than three hundred people from the Federalist Society, a group he helped found in order to fight ‘liberal bias’ in the nation’s law schools. They are trying to open a chapter in Montana.
Scalia is one of three Supreme Court Justices who have repeatedly given the impression of engaging in inappropriately. The others being Justices Clarence Thomas and Samuel Alito.