Thursday, December 3, 2015

Justice Scalia's extremist theology of majority rules

THE NEW YORK TIMES
By Richard A. Posner and Eric J. Segall

The Supreme Court has decided four major cases furthering gay rights. Justice Antonin Scalia has written a bitter dissent from each. In a recent speech to law students at Georgetown, he argued that there is no principled basis for distinguishing child molesters from homosexuals, since both are minorities and, further, that the protection of minorities should be the responsibility of legislatures, not courts. The logic of his position is that the Supreme Court should get out of the business of enforcing the Constitution altogether, for enforcing it overrides legislation, which is the product of elected officials, and hence of democracy. [link]