Justice Kennedy sided with the liberal opinion & Justice Scalia went bonkers
Scalia wrote about Kennedy, in part about Kennedy's opening in his overall opinion which apparently enraged Scalia so much so that he went further than his usual criticism of Kennedy’s signature flowery language writing in this footnote that “... he would (if he were Kennedy) hide his head in a bag” if he (Scalia) ever signed onto an opinion containing this first sentence, which Scalia said contained “the mystical aphorisms of a fortune cookie.”
This is the sentence that Scalia apparently took issue with about Kennedy, who is known for rhetorical flourishes and sweeping legal writing, who began his majority opinion with this broad statement: “The Constitution promises liberty to all within its reach, liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.”
Kennedy concluded that the 14th Amendment guarantees the right to marriage to same-sex couples, and that denying them marriage robs them of liberty entitled to them by law. And on his way to that, Kennedy colorfully explains that marriage is an ennobling institution that bestows dignity upon those who enter it, concluding: “Marriage responds to the universal fear that a lonely person might call out only to find no one there.”
At that point, I surmise Justice Scalia went off the rails.
You can read the whole piece here from a National Affairs reporter.
I conclude that if Justice Scalia is so strong on this principle about the topic of same-sex marriage that perhaps he should resigning or retiring ASAP.
That seems logical to me and it would serve the nation quite effectively and honestly, too. But, as we also know, such a decision is left to the Justice to step aside or not since they are appointed for life. Um … maybe we need to reconsider that aspect of high court appointments, too, you think? That topic for another day perhaps.
Thanks for stopping by. Your opinions are always welcome.