I'm optimistic enough to believe that one day Stenberg v. Carhart will be assigned to its rightful place in the history of this Court's jurisprudence beside Korematsu and Dred Scott.
Scalia expressed hope that future courts would correct the ruling in Stenberg v. Carhart.
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More from Antonin Scalia
I think it is up to the judge to say what the Constitution provided, even if what it provided is not the best answer, even if you think it should be amended. If that is what it says, that is what it says.
Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.
When did it become unconstitutional to exclude homosexual couples from marriage, 1791, 1868?