Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members.
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Atkins v. Virginia (dissenting).Antonin Scalia
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The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time.
Antonin Scalia
On executing minors: What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion - that the meaning of our Constitution has changed over the past 15 years—not, mind you, not that this Court's decision 15 years ago was wrong, but that the Constitution has changed. The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to the evolving standards of decency, of our national society. It then finds, on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists.
Antonin Scalia
I find the speech in this case patently offensive, hateful, and insulting. The Court should not, however, gloss over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives because it is confronted with speech it does not like.
Sonia Sotomayor
All we can say is that, as the result of a process which went on from the fourth century to about the eighth, a standard type of text was produced, which is found in the vast majority of the manuscripts that have come down to us. At least ninety-six per cent of the extant manuscripts of the Greek New Testament are later than the eighth century; and of those only a handful preserve traces of the other types of text which were in existence before the adoption of the standard text, and out of which it was created.
Frederic G. Kenyon
I support and have always supported passage of a federal constitutional amendment that defines marriage as a union between one man and one woman. As President, I will fight for passage of this amendment. My personal belief is that marriage is between one man and one woman, for life.
Mike Huckabee
Scalia, Antonin
Scanlon, Bethany Kennedy
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