‘The Government Cannot Bestow Dignity’

Alex Pfeiffer The Daily Caller 6/26/2015

…Thomas’ dissent focused on the idea of negative rights, “As one later commentator observed, ‘[L]iberty in the eighteenth century was thought of much more in relation to ‘negative liberty’; that is, freedom from, not freedom to, freedom from a number of social and political evils, including arbitrary government power,’” […]

Supreme Court ruling legalizes same-sex marriage

Lydia Wheeler and Ben Kamisar The Hill 6/26/2015

The Supreme Court in an historic 5-4 ruling on Friday said there is a right to same-sex marriage in all 50 states, delivering a monumental win for gay and lesbian couples across the country.

Justice Anthony Kennedy, often the swing vote on the court, sided with its […]

Scalia: ‘High-Handed’ Kennedy Has Declared Us ‘Enemies of the Human Race’

Tim Grieve National Journal 6/26/2013

Dissenting from this morning’s opinion on the Defense of Marriage Act, Justice Antonin Scalia – as expected – holds nothing back.

In a ripping dissent, Scalia says that Justice Anthony Kennedy and his colleagues in the majority have resorted to calling opponents of gay marriage “enemies of the human race.”

[…]

When Did Same-Sex Marriage Become Unconstitutional?

Orin Kerr The Volokh Conspiracy 3/26/2013

At the oral argument today in Hollingsworth v. Perry, Justice Scalia repeatedly questioned Ted Olson on when same-sex marriage became unconstitutional. From the transcript:

JUSTICE SCALIA: I’m curious, when -­ when did — when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth […]

Next President Could Appoint Three Supreme Court Justices

Tony Lee Breitbart.com Big Government 2 Nov 2012

Whoever wins next week’s presidential election may shape the Supreme Court for the next generation of Americans, highlighting how important Tuesday’s election is to the high court’s future constitutional integrity.

Justices Antonin Scalia and Anthony Kennedy — both of whom were appointed by President Ronald Reagan — […]

The Supreme Court’s Dismal ObamaCare Decision

How conservative legal philosophy helped create the health care ruling

We must beware the dangerous temptation to read our own values into the Constitution and to assume that anything we think good is in there somewhere and anything we think is bad is forbidden.

Sheldon Richman Reason Magazine 7/8/2012

Amid all of Chief […]