“It's not up to the courts to invent new minorities that get special protections,” Scalia said, in an apparent reference to the court's recent decisions on gay marriage and federal benefits for same-sex couples. Scalia said courts should not create new rights, leaving that to constitutional changes or to Congress.
Tuesday, August 20, 2013
Scalia: High court shouldn’t ‘invent new minorities that get special protections’
He's right! Special protection means "privileged protection" and is antithetical to equal protection under the law.
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