Antonin Scalia Quotes
Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act's limitation of tax credits to state Exchanges.
Scalia, Antonin. Dissenting opinion. King v. Burwell, 576 U.S. 473, Supreme Court of the United States, 25 June 2015, p. 515.
In the English system there is no “separation of powers”. Parliament makes the laws and its ministers execute them. The highest judges are members of Parliament (the House of Lords) as well. So Lord Bereford was in the legislature when the statute was debated and passed.
The New Deal liberal Democrats had complained that the Supreme Court was making national policy and law and not interpreting law. They tried to pack the Supreme Court by adding more justices who would be more sympathetic to the New Deal. (See {587549}.) At the beginning of the 21st century it was the conservative Republicans who were making the same claim that the Supreme Court was making law and not interpreting it. The pattern seems to be when the court votes for your side, they are interpreting the law. When they vote for the other side, they are activist—making law improperly.
In 1949 the NATO treaty was signed. There was concern that a phrase in the treaty authorizing signatories to take "such action as it deems necessary, including the use of armed force" would undermine Congress's powers:
Antonin Gregory Scalia was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the Supreme Court's history. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor.