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|Subject: Scalia makes it easy||Date: 10/6/2012 4:41 PM|
|Author: Goofyhoofy||Number: 410499 of 445695|
Among these insights was that it’s easy to figure out what the Constitution demands, and that any idiot could correctly decide the most controversial cases. Sounding more like The Onion than a conservative intellectual, he said:
“The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state.”
Heck, no need to even think about it, which pretty much sums up Scalia. How did he ever get a reputation as a thinker?
A little more:
Consider his dissent in Lawrence v. Texas, which struck down the state sodomy laws he finds so obviously acceptable under the Constitution. He said Americans have every right to enforce “the moral opprobrium that has traditionally attached to homosexual conduct” in order to protect “themselves and their families from a lifestyle that they believe to be immoral and destructive.”
In that dissent, he argued that sodomy laws don’t violate the equal protection clause. He’s also argued that laws discriminating against women don’t violate the equal protection clause. Yet in Bush v. Gore, he signed on to the idea that the Florida recount–you guessed it–violated the equal protection clause.
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