Re: Scalia On Judges Judging Morals
[ QUOTE ]
But they shouldn't defer. The constitution says that they shouldn't defer. That's the whole point. The constitution says what the legislator can't do. Ignoring that is akin to writing something out of the constitution, which is just as bad as writing something in.
[/ QUOTE ]
I am not saying that the Court's decision is or is not bad from a Constitutional persepective. I am saying that no matter what the Court does, it does not limit people's freedom. It is always the legislature that is actually limiting people's freedom.
|