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Antonin Scalia

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Asked about philosophical ally Robert Bork's urging that Congress override some Supreme Court rulings: Bork has essentially given up. I'm not ready to throw in the towel
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Antonin Scalia

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It is possible that the Supreme Court itself may overturn its abortion rulings. We need only recall that in Brown v. Board of Education the court reversed its own earlier "separate-but-equal" decision.

 
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It is disappointing to hear senior British politicians lending their voices to criticisms more frequently heard in the popular press, often based on a misunderstanding of the court's role and history, and of the legal issues at stake. It is particularly unfortunate that a single judgment of the court on a case relating to UK prisoners' voting rights, which was delivered in 2005 and has still not been implemented, has been used as the springboard for a sustained attack on the court and has led to repeated calls for the granting of powers of Parliament to override judgments of the court against the UK, and even for the withdrawal of the UK from the convention.

 
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[W]e have a Supreme Court, like yours, which, since we put a charter of rights in our constitution in 1982, is becoming increasingly arbitrary and important. It is also appointed by the Prime Minister. Unlike your Supreme Court, we have no ratification process.

 
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What today's decision will stand for, whether the Justices can bring themselves to say it or not, is the power of the Supreme Court to write a prophylactic, extraconstitutional Constitution, binding on Congress and the States.

 
Antonin Scalia
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