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U.S. Supreme Court

Scalia: SCOTUS should not ‘invent new minorities’

Posted Aug 20, 2013 9:47 AM CDT
By Debra Cassens Weiss

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It’s not the courts’ job to decide what new rights we ought to have, Justice Antonin Scalia said Monday.

That job is for Congress, Scalia said at a Federalist Society event in Bozeman, Montana. "It's not up to the courts to invent new minorities that get special protections," Scalia said, according to an account by the Associated Press. 7KZBK and the Missoulian also have coverage.

Scalia defended his view that the Constitution should be interpreted based on its original meaning. “The court makes an amazing amount of decisions that ought to be made by the people,” he said.

Scalia addressed several hot-button questions in a question and answer session, AP reports. One question concerned Second Amendment rights. "What remains to be determined ... appears to be the scope of the armament that people can keep and bear," he said. "Can they bear shoulder-fired rocket launchers?" He said he will rule based on the historical understanding of the amendment, which protected people not just against animals and home intruders, but also against tyrannical leaders.

He responded to a couple questions with more questions. His view on term limits? Negative. "Who is drooling on the bench?" he wanted to know. His most wrenching decision? "Well, is Obamacare too recent?" he asked.

Hat tip to How Appealing.

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