Tag Archives: separation of powers

Say no more

scaliaScalia on DOMA (passed by Congress almost 20 years ago ago by a vote of 85-14 in the Senate and 342-67 in the House):

We have no power to decide this case,” Scalia wrote. “And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation.

Scalia on Affirmative Action (law was extended by Congress in 2006 for 25 more years by a vote of  98-0 in the Senate and 390-33 in the House):

Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes… It’s a concern that this is not the kind of a question you can leave to Congress

And jkust for the heck of it, here’s somerthig else he wrote:

DOMA is motivated by ‘bare … desire to harm’ couples in same-sex marriages

Some Constitutional rigor there, eh?