The best footnote from the Supreme Court this term comes from Justice Antonin Scalia, in his dissent to the Obergefell v. Hodges case, which this morning legalised same-sex marriage in all 50 states.
In footnote 22, Scalia writes:
If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the
United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
This is what is known, in official Supreme Court terms, as a sick burn.
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