Ten quotations from the late Justice Scalia, who is missed

In a big family the first child is kind of like the first pancake. If it’s not perfect, that’s okay, there are a lot more coming along. 

What is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?

If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.

I am something of a contrarian, I suppose. I feel less comfortable when everybody agrees with me. I say, ‘I better reexamine my position!’ I probably believe that the worst opinions in my court have been unanimous. Because there’s nobody on the other side pointing out all the flaws.

Originalism says that when you consult the text, you give it the meaning it had when it was adopted, not some later modern meaning.

Originalism is sort of subspecies of textualism. Textualism means you are governed by the text. That’s the only thing that is relevant to your decision, not whether the outcome is desirable, not whether legislative history says this or that. But the text of the statute.

The court makes an amazing amount of decisions that ought to be made by the people.

And what I would say now is, yes, if a state enacted a law permitting flogging, it is immensely stupid, but it is not unconstitutional. A lot of stuff that’s stupid is not unconstitutional.

My view is regardless of whether you think prohibiting abortion is good or whether you think prohibiting abortion is bad, regardless of how you come out on that, my only point is the Constitution does not say anything about it. It leaves it up to democratic choice.

I would not like to be replaced by someone who immediately sets about undoing what I’ve tried to do for 25-26 years.