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.
Justice Scalia emphasizes the judge's duty to interpret the Constitution as it is written.
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More from Antonin Scalia
Justice O'Connor's assertion that a fundamental rule of judicial restraint requires us to avoid reconsidering Roe cannot be taken seriously.
For my part, I do not look forward to a society which, thanks to the Supreme Court campaigns anonymously hidden from public scrutiny and protected from the accountability of criticism. This does not resemble the home of the brave.
There is no justification for this Court to read exemptions into the act beyond those provided by Congress. If the act is to be altered, then it is a function for the same body that adopted it.