Scalia is a star
1"The waves which dash on the shore are, one by one, broken; but yet the ocean conquers nevertheless."
- Lord Byron
- Lord Byron
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I can't see a good reasoning for this opinion. (I know Scalia's reasoning is that when the 14th was adopted, no one was thinking about protecting women and gays. It's just not a good reasoning.) Equal protection means that if there is no rational basis for treating different people in different ways when it comes to the application of the law, then it is unconstitutional to treat them differently. This is the principle. Then how it applies is going to evolve as society evolves since what we previously thought might have been "a rational basis" turns out not to be. Scalia would have the ignorance of past ages determine how we should live today. Brilliant! (he said, sarcastically.)Scalia gave a revealing interview, published in this month's California Lawyer magazine, speaking against claims that the 14th Amendment protects women and gays from discrimination.
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