Ass'n for Molecular Pathology v. Myriad Genetics, Inc.
- Justice Scalia
- I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief.
https://www.supremecourt.gov/opinions/12pdf/12-398_1b7d.pdf
Hollingsworth v. Perry
- Justice Scalia
- I’m curious, when -when did -- when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? Sometimes -- some time after Baker, where we said it didn’t even raise a substantial Federal question? When -- when -- when did the law become this?
- Mr. Olsen
- When -- may I answer this in the form of a rhetorical question? When did it become unconstitutional to prohibit interracial marriages? When did it become unconstitutional to assign children to separate schools.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/12-144.pdf
Oxford Health Plans LLC v. Sutter
- Justice Breyer
- Use whatever word you want. Manifest disregard, stick to the law. Now, suppose the arbitrator had said this, it doesn’t say how to do it. I see how you do it, you get out a magic 8-ball. Now, we would strike that down because that is not relevant. But he didn’t say magic 8-ball. He said class. And there are many class arbitrations. So it isn’t quite magic 8-ball. Now, you explain to me --
- Justice Scalia
- What’s a magic 8-ball? I don’t know what you are talking about.
- Justice Breyer
- A magic 8-ball is you have -- that’s a little thing, it’s the -- it’s a non-sportsman’s equivalent of throwing darts.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/12-135.pdf
On Homosexuality
- Justice Scalia
- If we cannot have moral feeling against homosexuality, can we have it against murder? Can we have it against other things?
http://takingnote.blogs.nytimes.com/2013/03/25/scalias-gay-marriage-problem/?_r=0
Dan's City Used Cars, Inc. v. Pelkey
- Justice Scalia
- Well, let me tell you how we — it seems to me we’ve limited it in — in the Columbus case, Columbus v. Harrah’s Garage and Wrecker Services, Inc. We said that, “The clause — the clause’s limitation to motor carrier services with respect to the transportation of property massively limits the scope of preemption to include only laws, regulations, and other provisions that single out for special treatment motor carriers of property.” And here you’ve told us that this case doesn’t involve any law that singles them out for — for special treatment. To the contrary, it’s the general consumer protection law.
- MR. BOUFFARD
- Well -
- JUSTICE SCALIA
- So you want us to eat those words, they were wrong, or — or somehow you don’t come within them?
- MR. BOUFFARD
- Respectfully, Justice Scalia, I think those words came from your dissent in that case.
- Justice Scalia
- Ah. I forgot that.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/12-52.pdf
Shelby Co. v. Holder
- Justice Scalia
- I think [the VRA is] very likely attributable, to a phenomenon that is called perpetuation of racial entitlement. . . . Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes. . . .
- Justice Sotomayor
- Do you think that the right to vote is a racial entitlement in Section 5?
https://www.supremecourt.gov/oral_arguments/argument_transcripts/12-96.pdf
Maryland v. King
- Justice Scalia
- But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.
https://www.supremecourt.gov/opinions/12pdf/12-207_d18e.pdf