QOTD: Justice Scalia
by digby
"I accept, for the sake of argument, that sexual orgies eliminate social tensions and ought to be encouraged. Rather, I am questioning the propriety, indeed the sanity, of having a value-laden decision such as that made for the entire society by unelected judges."
He also claimed the holocaust was caused by judicial activism in Germany. Apparently, he really doesn't understand that by turning back the clock to 1789 -- or even 1973 --- he's the very definition of an activist judge.
Indeed, for all his braying about "the people" in a democratic society being responsible to make its own decisions through the political system, he eagerly ignored two centuries of electoral practice and explicit instructions in the Constitution to award the presidency to his preferred candidate while saying the decision cannot be applied to anyone else. It just doesn't get more "activist" than that.
True, he didn't cause a holocaust with that outrageous act, but the people of Iraq could certainly be forgiven for seeing his actions in a similar light.
.