Justice Antonin Scalia, joined in his dissent by Justice Clarence Thomas, made clear that the Supreme Court had “no power to decide this case,” that “this case is about the power of our people to govern themselves,” and that the Court’s errors come from “the same diseased root: an exalted conception of the role of this institution in America.” Scalia wrote that Kennedy’s marriage decision was a “jaw-dropping . . . assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere ‘primary’ in its role.”
Posted on: Sat, 31 Aug 2013 04:30:58 +0000