In an appearance at the University of Arizona College of Law, Supreme Court Justice Antonin Scalia said that if he were on the court in 1954, he would have dissented in the landmark Brown vs. Board of Education decision that ended school segregation based on race.
Appearing on stage with Justice Stephen Breyer, Scalia cautioned against "inventing new rights nobody ever thought existed." Scalia said he advocates an "originalist" approach to the Constitution, warning against an "evolutionary" legal philosophy that he described as, "close your eyes and decide what you think is a good idea.''
Phoenix's East Valley Tribune reported (via Taegan Goddard's Political Wire):
Using his "originalist'' philosophy, Scalia said he likely would have dissented from the historic 1954 Brown v. Board of Education decision that declared school segregation illegal and struck down the system of "separate but equal'' public schools. He said that decision, which overturned earlier precedent, was designed to provide an approach the majority liked better."I will stipulate that it will,'' Scalia said. But he said that doesn't make it right. "Kings can do some stuff, some good stuff, that a democratic society could never do,'' he continued.
"Hitler developed a wonderful automobile,'' Scalia said. "What does that prove?''
"The only thing you can be sure of is the Constitution will mean whatever the American people want it to mean today,'' Scalia said. "And that's not what a Constitution is for. The whole purpose of a constitution is to constrain the desires of the current society.''
At least Scalia is an honest racist, rather than blue-eyed Roberts variety that hides behind well-honed legal argumentation that turns common sense upside down, while completing the evisceration of Brown that began with Reagan's appointments taking hold in the 80s. Click here for a short stroll down memory lane on the Roberts Court's contribution to the reestablishment of apartheid in America.
This story was incorrect as HuffPo now acknowledges.
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