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January 4, 2011
Scalia on the Constitution and ... Pizza
News and commentary is hitting the intertubes over Justice Antonin Scalia's remarks that the Constitution does not prohibit discrimination against women, or men for that matter. The whole thing comes from an interview published in the California Lawyer. His point is that if the Constitution doesn't prohibit it, legislatures can do what they want, no matter how wacky. As he says, "All you need is a legislature and a ballot box."
There is more. He says the Court is still a respected institution and that he didn't destroy it. He summarizes Constitutional originalism and says that when the Constitution itself is vague or broad, that he, as do the other Justices, take their best shot. Still, for the very controversial issues he says he doesn't have to read the briefs. He just knows.
The whole interview is here. A good amount of the commentary on it is collected and linked to in this article in the Atlantic. However, the worst thing he says in the interview is this:
You more or less grew up in New York. Being a child of Sicilian immigrants, how do you think New York City pizza rates?
I think it is infinitely better than Washington pizza, and infinitely better than Chicago pizza. You know these deep-dish pizzas—it's not pizza. It's very good, but ... call it tomato pie or something. ... I'm a traditionalist, what can I tell you?
I swear, the man does not know what he's talking about. And I don't just mean the Constitution. [MG]
January 4, 2011 in Courts | Permalink
Comments
The Atlantic article is written by Max Fisher. Back when I knew him at Rushmore Academy, I always thought he would amount to something.
Posted by: anon | Jan 5, 2011 9:52:43 AM