Wednesday, January 05, 2011

Scalia Making Waves

Justice Scalia gave this interview recently. It's caused a bit a stir on two points. First:

"Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant."

and second, regarding originalism:

"We don't have the answer to everything, but by God we have an answer to a lot of stuff ... especially the most controversial: whether the death penalty is unconstitutional, whether there's a constitutional right to abortion, to suicide, and I could go on. All the most controversial stuff. ... I don't even have to read the briefs, for Pete's sake."

Here's Jack Balkin following up: Scalia on Sex Equality.

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