In his dissent in Obergefell v. Hodges, Scalia argued that under the Constitution, as correctly understood, the people could decide through their state governments to approve or not approve same-sex marriage. But the court had usurped that power and more.
“Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court,” said Scalia.
“This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty,” he said, “robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”
A majority of the court has said that individuals have a right to kill unborn babies, but that the majority of a state does not have a right to prohibit two people of the same sex from “marrying.” The court is now poised to decide whether Catholic nuns — despite their First Amendment right to the “free exercise” of religion — can be forced to act against their religion in providing health insurance that covers abortion-inducing drugs.
What will be next from what Antonin Scalia rightly called the “unelected committee of nine” that now revises our Constitution? (Read more from “What Antonin Scalia Foresaw” HERE)