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Antonin Scalia

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'The operation was a success, but the patient died.' What such a procedure is to medicine, the Court's opinion in this case is to law.
--
National Endowment for the Arts v. Finley, 524 U.S. 569 (Scalia, concurring).

 
Antonin Scalia

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The operation itself is the social act that enabled the patient to come to terms with the immutability of his Jewish body. No matter what is done, the body will reveal itself to be that of a Jew. This crushing realization drives the patient beyond medicine for therapy. He eventually breaks with his racial-religious identity and converts to Catholicism, the ultimate form of passing in Catholic Vienna. Aesthetic surgery did not cure the patient of his Jewishness, it only masked it. Baptism became the answer….

 
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For the truth of the conclusions of physical science, observation is the supreme Court of Appeal. It does not follow that every item which we confidently accept as physical knowledge has actually been certified by the Court; our confidence is that it would be certified by the Court if it were submitted. But it does follow that every item of physical knowledge is of a form which might be submitted to the Court. It must be such that we can specify (although it may be impracticable to carry out) an observational procedure which would decide whether it is true or not. Clearly a statement cannot be tested by observation unless it is an assertion about the results of observation. Every item of physical knowledge must therefore be an assertion of what has been or would be the result of carrying out a specified observational procedure.

 
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