Last week, conservative Supreme Court justice, Antonin Scalia, spoke at an event at Princeton University where he allegedly told the crowd that government officials could ignore the Court’s rulings if they did not agree with them. Professor Robert George, a vapid anti-gay conservative, wrote a Facebook post claiming:
[Scalia] declared that though Supreme Court rulings should generally be obeyed, officials had no Constitutional obligation to treat as binding beyond the parties to a case rulings that lack a warrant in the text or original understanding of the Constitution. Without prompting from me, he cited Lincoln’s treatment of Dred Scott. As it happened, I had a copy of Lincoln’s First Inaugural Address with me (you never know when you’ll need it), so I read Lincoln’s words on the case to the audience.
George said that the Justice was specifically talking about the Court’s Obergefell v. Hodges and the Supreme Court’s cases preserving the separation of church and state. The “officials” that he was speaking about are those like Kim Davis, the ignorant county clerk who refused to issue marriage licenses to same-sex couples because she believed she was above the law.
While it is important to remember that this event was not recorded and George is just repeating his recollection of the event, it is hard to believe that a well-known conservative professor would make up such a tale about a Supreme Court justice. So, it is likely true and Scalia did say these things.
We all know that Scalia is one of the most conservative members of the court and he is known for his outrageous comments. On Monday, he told a room full of students at Georgetown University that the Supreme Court’s decision to protect same-sex couples was not in line with the Constitution and that their logic could be applied to child molesters as well.
Scalia’s comments are very disturbing. It seems as though he has forgotten the role of the Supreme Court in the United States according to the Constitution. Perhaps he needs a refresher:
Article 3 Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—[between a State and Citizens of another State;-]8 between citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States [and between a State, or the Citizens thereof;—and foreign States, Citizens or Subjects.]9
The Constitution is very clear: The Court ultimately decides what is Constitutional, what is not, and when they make their decision it must be obeyed.
If Justice Scalia doesn’t understand the very basic roles of the branches of government, he needs to retire and allow someone who knows how to Constitution to take his seat.
Featured image via Busta Troll custom image for IYON