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Quote by Antonin Scalia

“Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue Congress from its drafting errors.'”

Quote by Antonin Scalia

Book:Scalia's Court: A Legacy of Landmark Opinions and Dissents

Work

Scalia's Court: A Legacy of Landmark Opinions and Dissents

Scalia's Court delves into the judicial philosophy and legal reasoning of Justice Antonin Scalia, highlighting his contributions to landmark Supreme Court decisions. The book examines the influence of Scalia's conservative approach on American law and society. more

Author

Antonin Scalia was an Associate Justice of the Supreme Court of the United States, serving from 1986 until his death in 2016. He was a prominent figure in American law and politics, known for his conservative judicial philosophy and his influential role in shaping American constitutional law. more

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“The Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.”

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“More importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.”

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“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.”

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Book:Scalia's Court: A Legacy of Landmark Opinions and Dissents

Source: Scalia's Court: A Legacy of Landmark Opinions and Dissents

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