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If, even as the price to be paid for a fifth vote, I ever…

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I…” quote by Antonin Scalia
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“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

Antonin Scalia

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

If protecting constitutional liberty means hiding one's identity, the Court has abandoned reason for mysticism.

In simple terms: Constitutional liberty should not force concealment; the Court has become irrational.

Key Takeaway

Demand transparent, reasoned legal reasoning.

Themes

law constitution identity judiciary reason

Mood

skeptical thoughtful serious

Type

judicial constitutional philosophical

When to use this quote

  • court rulings
  • legislative debates
  • public protests
  • academic discussions

Key Concepts

originalism legal philosophy judicial activism

Questions to Reflect On

  • What balance should exist between originalism and evolving rights?
  • How can courts maintain legitimacy while adapting?
A Different Perspective

Complex issues may require nuanced, not purely literal, interpretations.

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