• Twitter
  • Facebook
News-Sentinel.com Your Town. Your Voice.
Opening Arguments

Minority report

Oh, darn, I was hoping I could be a member of one of the new ones so I, too, could feel special:

The U.S. Supreme Court is making decisions that should be left to Congress or the people, from wiretapping to "inventing" new classes of minorities, Justice Antonin Scalia said Monday.

[. . .]

"It's not up to the courts to invent new minorities that get special protections," Scalia told a packed hotel ballroom in southwestern Montana.

Scalia dismissed the idea of term limits for Supreme Court justices, asking, "Who is drooling on the bench?"

He also called the notion of an imperial presidency "garbage," saying the presidency is weak by design and Congress holds the real power.

"Congress can do whatever it wants, if it gets its act together," he said.

The real problem isn't how many "minorities" there are but how we've changed the way we think of the concept. Constitutionally speaking, "the minority" is just the group who votes on the losing side, who are not to lose their fundamental rights because of that. Now, we think of it as any group likely to oppressed by the hideous majority and deserving of special protections because of that. The libertarian view of the law (the correct one, I think) is that good laws apply to everybody. Any law that applies only to a select group is suspect.

"Congress holds the real power." Well, about that. If Congress didn't spend so much time on things that are none of its business, maybe it could get around to some of the things it should do.