The Supreme Court ruled in favour of legalizing gay marriage, and Justice Antonin Scalia is not happy about who cast the swing vote.
In a fiery opinion, the conservative justice slammed Justice Anthony Kennedy, who cast the deciding vote and wrote the majority opinion in the 5-4 decision.
Scalia noted Kennedy’s strong support for states-rights, and used Kennedy’s own opinion in 2013’s Defence of Marriage Act (DOMA) challenge to point out perceived hypocrisies in Friday’s ruling.
“It would be surprising to find a prescription regarding marriage in the Federal Constitution since, as the author of today’s opinion reminded us only two years ago (in an opinion joined by the same Justices who join him today),” Scalia said.
Scalia cited Kennedy’s sentence from the DOMA case — US v. Windsor — in which Kennedy touted the rights of states to decide marriage and other domestic issues.
“[R]egulation of domestic relations is an area that has long been regarded as a virtually exclusive province of the States,” Kennedy wrote in that opinion, which Scalia quoted. “[T]he Federal Government, through our history, has deferred to state-law policy decisions with respect to domestic relations.”
The conservative justice also railed against his peers on the court, which he claimed holds too much power.
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