Sunday, September 26, 2010
Time Magazine: Justice Scalia Mouths Off on Sex Discrimination, By Adam Cohen:
Leave it to Supreme Court Justice Antonin Scalia to argue that the Constitution does not, in fact, bar sex discrimination.
Even though the court has said for decades that the equal-protection
clause protects women (and, for that matter, men) from sex
discrimination, the outspoken, controversial Scalia claimed late last
week that women's equality is entirely up to the political branches.
"If the current society wants to outlaw discrimination by sex," he told
an audience at the University of California's Hastings College of the
Law, "you have legislatures."
To anyone who has followed Justice Scalia's career, his latest
provocative statement shouldn't come entirely as a surprise. It's been
more than four years since he answered a reporter's question about his
impartiality in religion cases with an under-the-chin hand gesture that
some commentators said was a Sicilian obscenity. (A Supreme Court
spokeswoman insisted the gesture was "dismissive" but not obscene.) And
it's been about as long since Justice Scalia called his refusal to
recuse himself from a case about Vice President Dick Cheney's energy
task force — after he had just gone on a duck-hunting trip with Cheney
— the "proudest thing" he has done on the court. . . .
Supreme Court, Women, General | Permalink