Justice Kennedy sided with the liberal opinion & Justice Scalia went bonkers
Scalia
wrote about Kennedy, in part about Kennedy's
opening in his overall opinion which
apparently enraged Scalia so much so that he went further than his usual criticism of
Kennedy’s signature flowery language writing in this footnote that “... he would (if he were Kennedy) hide his head in a bag” if he (Scalia) ever signed onto
an opinion containing this first sentence, which Scalia said contained “the mystical
aphorisms of a fortune cookie.”
This is the
sentence that Scalia apparently took issue with about Kennedy, who is known for rhetorical flourishes and sweeping
legal writing, who began his majority opinion with this broad statement: “The
Constitution promises liberty to all within its reach, liberty that includes
certain specific rights that allow persons, within a lawful realm, to define
and express their identity.”
Kennedy concluded that the 14th
Amendment guarantees the right to marriage to same-sex couples, and that
denying them marriage robs them of liberty entitled to them by law. And on his
way to that, Kennedy colorfully explains that marriage is an ennobling
institution that bestows dignity upon those who enter it, concluding: “Marriage
responds to the universal fear that a lonely person might call out only to find
no one there.”
At that
point, I surmise Justice Scalia went off the rails.
You can read the whole piece here from
a National Affairs reporter.
I conclude that if Justice Scalia
is so strong on this principle about the topic of same-sex marriage that
perhaps he should resigning or retiring ASAP.
That
seems logical to me and it would serve the nation quite effectively and
honestly, too. But, as we also know, such a decision is left to the Justice to
step aside or not since they are appointed for life. Um … maybe we need to reconsider
that aspect of high court appointments, too, you think? That topic for another
day perhaps.
Thanks for stopping by. Your opinions
are always welcome.
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