Home
/
RELIGION & LIBERTY ONLINE
/
6 Quotes: Antonin Scalia on Law and the Judiciary
6 Quotes: Antonin Scalia on Law and the Judiciary
Jan 30, 2026 9:25 AM

When Justice Antonin Scalia died on Saturday, the Supreme Court lost not only one it’s most astute and brilliant legal mind, but one of the wittiest and most profound judges in American history.

Here are six quotes about law and the judiciary to remind you of the rhetorical brilliance of Scalia:

On Being a Good Judge: “If you’re going to be a good and faithful judge, you have to resign yourself to the fact that you’re not always going to like the conclusions you reach. If you like them all the time, you’re probably doing something wrong.” (Speech at Chapman Law School, 2005)

On Economic Freedom: “[T]hat seemed to me a peculiar way to put it — contrasting economic affairs with human affairs as though economics is a science developed for the benefit of dogs or trees; something that has nothing to do with human beings, with their welfare aspirations, or freedoms. That, of course, is a pernicious notion, though it represents a turn of mind that characterizes much American political thought. It leads to the conclusion that economic rights and liberties are qualitatively distinct from, and fundamentally inferior to, other noble human values called civil rights, about which we should be more generous….On closer analysis, however, it seems to me that the difference between economic freedoms and what are generally called civil rights turns out to be a difference of degree rather than of kind.” (“On the Merits of the Frying Pan,” 1985))

On the “Self-Righteous” Supreme Court: “It is one of the unhappy incidents of the federal system that a self-righteous Supreme Court, acting on its members’ personal view of what would make a ‘more perfect Union’ (a criterion only slightly more restrictive than a ‘more perfect world’) can impose its own favored social and economic dispositions nationwide.” (Dissent, United States v. Virginia, 1996.)

On the “Flexibility” of the Constitution: “That’s the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will e brittle and break. But you would have to be an idiot to believe that. The Constitution is not a living organism, it is a legal document. It says something and doesn’t say other things.” (Federalist Society lecture, 2006)

On Anti-Trust Law: “In law school, I never understood [antitrust law]. I later found out, in reading the writings of those who now do understand it, that I should not have understood it because it did not make any sense then.” (Supreme Court confirmation hearing, 1986)

On the Law and Golf: “I am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes. The Court ultimately concludes, and it will henceforth be the Law of the Land, that walking is not a fundamental aspect of golf.” (PGA Tour, Inc. v. Martin, 2001)

(Via: Independent Journal,The Daily Signal,The Federalist, and Marginal Revolution)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Which Metro Areas Have the Most/Least Economic Freedom?
The wide differences in economic freedom that we observe at the country level can exist at the subnational level as too (e.g., residents in Texas and Florida have greater economic freedom than those in California and New York). But until recently, there were no local parable to the national and global rankings. In a recently published study for the Journal of Regional Analysis & Policy, Dean Stansel, professor of economics at Florida Gulf Coast University, shows that greater economic freedom...
Federal Data Hub: Say Good-Bye To Your Privacy
Undoubtedly, we live in an era where personal privacy is difficult to maintain. Even if you choose not to have a Facebook account or Tweet madly, you still know that your medical records are on-line somewhere, that your bank account is only a hack away from being emptied, and that cell phone records are now apparently government domain. But it gets worse. Enter the Federal Data Hub, which will give the government access to “reams of personal piled by federal...
Immigration: Amnesty and the Rule of Law
It is a moral right of man to work. Pursuing a vocation not only allows an individual to provide for himself or his family, it also brings human dignity to the individual. Each person was created with unique talents, and the provision of an environment in which he can use those gifts is paramount. As C. Neal Johnson, business professor at Hope International University and proponent of “Business as Mission,” says, “God is an incredibly creative individual, and He said...
Hobby Lobby Wins Significant Victory for Religious Freedom
According to the Becket Fund for Religious Liberty, for-profit businesses won a significant victory for religious liberty today. A federal court granted Hobby Lobby a preliminary injunction against the HHS abortion-drug mandate, preventing the government from enforcing the mandate against the pany. This es less than a month after a landmark decision by the full 10th Circuit Court of Appeals, which ruled 5-3 that Hobby Lobby can exercise religion under the First Amendment and is likely to win its case...
Detroit: A Collapse of Real Integrity
Douglas Wilson has an interesting take on Detroit’s bankruptcy: “like a drunk trying to make it to the next lamp post.” Why this analogy? Wilson says we first have to understand that Detroit is inevitably in a defaulting situation; the question now is what kind of default. The only thing we don’t know is what kind of default it will be. The only thing we don’t know is who the unlucky victim of our defaulting will be. Government does not...
Work and the Political Economy of the Zombie Apocalypse
“Mmm…neoliberalism.” One of the more curious cultural movements in recent years has been the increasing interest in zombies, and in particular the dystopian visions of a world following the zombie apocalypse. Part of the fascination has to do, I think, with the value of thought experiments in speculation about such futures, however improbable. There may be something to be learned from gazing into a sort of fun house mirror, the distorted image of humanity as seen in zombies. But zombies...
Jayabalan on Detroit Bankruptcy
In an interview with Vatican Radio, Acton Rome office director Kishore Jayabalan offers perspective on the bankruptcy filing yesterday by the city of Detroit. Jayabalan told the network that Detroit is “really a city that’s on its knees.” Failing to fix its fundamental problems, he continued, the city must now change its “political and economic” infrastructure e back from the brink, and that right now, much of the population has “given up.” Listen to the interview by clicking on the...
What Nietzsche and Croly Tell Us About Progressives
In the Genealogy of Morals, Friedrich Nietzsche makes an interesting observation about cultural elites and how a culture defines what is “good”: [T]he real homestead of the concept of “good” is sought and located in the wrong place: the judgement “good” did not originate among those to whom goodness was shown. Much rather has it has been the good themselves, that is, the aristocratic, the powerful, the high-stationed, the high-minded, who have felt that they themselves are good, and that...
For His Next Trick, the Magician Will Pull a Rabbit Disaster Plan Out of His Hat . . .
Pulling a rabbit out of a hat is a classic magic trick. But if a magician wants to do it nowadays he also needs to be able to pull out a license for the hare and a USDA-approved “rabbit disaster plan” that details how the bunny will hop to safety in case of a natural disaster, like a hurricane, flood, or sharknado. Or even if the air conditioning goes out. This Kafkaesque regulatory requirement started over forty years ago —...
Cyber-Sex Slavery in the 21st Century
bination of poverty, sexual trafficking, and technology has given rise to a new form of slavery: cyber-sex trafficking. As CNN explains, anyone who has puter, internet, a Web cam, and an exploited woman or child can be in business: Andrea was 14 years old the first time a voice over the Internet told her to take off her clothes. “I was so embarrassed because I don’t want others to see my private parts,” she said. “The customer told me to...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved