Justice
Antonin Scalia
dissenting in Planned Parenthood v. Casey, June 29, 1992:
There is a poignant facet to at the moment’s opinion. Its size, and what may be known as its epic tone, recommend that its authors imagine they’re bringing to an finish a hard period within the historical past of our Nation and of our Court. “It is the dimension” of authority, they are saying, to “cal[l] the contending sides of national controversy to end their national division by accepting a common mandate rooted in the Constitution.” . . . Quite on the contrary, by foreclosing all democratic outlet for the deep passions this difficulty arouses, by banishing the difficulty from the political discussion board that offers all members, even the losers, the satisfaction of a good listening to and an trustworthy combat, by persevering with the imposition of a inflexible nationwide rule as an alternative of permitting for regional variations, the Court merely prolongs and intensifies the anguish.
We ought to get out of this space, the place now we have no proper to be, and the place we do neither ourselves nor the nation any good by remaining.
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Appeared within the June 25, 2022, print version as ‘Notable & Quotable: Scalia.’
Source: www.wsj.com”