Scalia well knows the world is gyrating (at the hips?) wildly away from his beliefs, his world-view (Pew tells us a solid majority of even GOP millennials favor same sex marriage), but, happily, these sea changes, and resulting isolation, will generate ever more bitter, hatefully fun and wonderfully nasty dissents - rhetoric of which Scalia's colleages could never match:
?The opinion is couched in a style that is as pretentious as its content is egotistic...Of course the opinion?s showy profundities are often profoundly incoherent.?
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.
"The world does not expect logic and precision in poetry or inspirational pop philosophy; it demands them in the law. The stuff contained in today?s opinion has to diminish this Court?s reputation for clear thinking and sober analysis."
?This is a naked judicial claim to legislative?indeed, super-legislative?power; a claim fundamentally at odds with our system of government. Except as limited by a constitutional prohibition agreed to by the People, the States are free to adopt whatever laws they like, even those that offend the esteemed Justices? ?reasoned judgment.? A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.?