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@lolscalia-blog
Killing. It.
#scalia
Since at least the publication of The Adventures of You: Sugarcane Island in 1969, young readers of choose-you-own-adventure stories have been able to make decisions that determine the plot by following instructions about which page to turn to. As for the argument that [graphically violent] video games enable participation in that violent action, that seems to us more a matter of degree than of kind.
Brown v. Entertainment Merchants Ass'n, 132 S.Ct. 81 (2011)
[T]he presumption against extraterritorial application would be a craven watchdog indeed if it retreated to its kennel whenever some domestic activity is involved in the case. The concurrence seems to imagine just such a timid sentinel, but our cases are to the contrary.
Morrison v. National Australia Bank(2010)
The Constitution is not, unlike the Miranda majority, offended by a criminal's commendable qualm of conscience or fortunate fit of stupidity. Today's judgment converts Miranda from a milestone of judicial overreaching into the very Cheops' Pyramid (or perhaps the Sphinx would be a better analogue) of judicial arrogance.
Dickerson v. United States, 530 U.S. 428 (2000) (dissenting)
As far as it appears (and as seems overwhelmingly likely), [these] simply reflect the fact that Erie had recently been having a public nudity problem not with streakers, sunbathers, or hot-dog vendors, but with lap dancers."
Erie v. Pap's A.M., 529 U.S. 277 (2000), concurring
"A trust without a res can no more be created by legislative decree than can a pink rock-candy mountain."
Begier v. IRS, 496 U.S. 53, 70 (1990) (Scalia, J., dissenting).
“I guess the one that created the most waves of disagreement was Bush v. Gore. It comes up all the time, and my usual response is, ‘Get over it.’"
Interview with Piers Morgan, 7/18/2012
National Federation of Indep. Businesses, et al v. Sebelius, et al., 567 U.S. ____ (2012) (dissenting)
Notwithstanding “[t]he myth of an era of unrestricted immigration” in the first 100 years of the Republic, the States enacted numerous laws restricting the immigration of certain classes of aliens, including . . . (in Southern States) freed blacks. State laws not only provided for the removal of unwanted immigrants but also imposed penalties on unlawfully present aliens and those who aided their immigration.
Arizona v. United States, 567 US ___ (2012) (dissenting).
To tell the truth, it was most likely expressive of what most inaction ordinarily expresses: nothing at all.
Arizona v. United States, 567 U.S. ___ (dissenting)
Today we consider only whether the dispute may be brought to court by challenging the compliance order—we do not resolve the dispute on the merits. The reader will be curious, however, to know what all the fuss is about.
Sackett v. Environmental Protection Agency 132 S. Ct. 1367
Let me get this straight: Out of concern for the values of federalism; to preserve the ability of our States to provide prompt justice; and in light of our longstanding jurisprudence holding that there is no constitutional right to counsel in state collateral review; the Court, in what it portrays as an admirable exercise of judicial restraint, abstains from holding that there is a constitutional right to counsel in initial-review state habeas.
Martinez v. Ryan 132 S.Ct. 1309 (dissenting)
A brief summary of Scalia's US v. Virginia dissent.
When someone says they enjoy reading Scalia dissents
I’m just like,