Justice Scalia offers up some of his usual legal wisdom:
“The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state,” Scalia said at the American Enterprise Institute.
Yes, I’m sure deciding on this sort of thing is a breeze when the extent of your reasoning is “it’s illegal, therefore it should be illegal – QED.” The Supreme Court is the end of the line. It’s where cases go when all of the formalized decision processes at the lower levels of the judiciary have failed to resolve them adequately. These questions are not sent to the highest court in the land just so that they can benefit from the previously unknown perspective of “well, the founders would have meant for it to be illegal, problem solved!” – something which obviously no one else could have come up with, without deferring to the brilliant reasoning of Scalia.
The Supreme Court is not there to fire off “easy”, ill-considered, poorly-thought-out conclusions like this. It’s there to reach carefully developed and well-supported conclusions which are not always readily apparent. So don’t pretend that all nine of you could just as easily be replaced by the average gay-bashin’ clinic-protestin’ yokel, when you really only mean yourself.