In a blistering rebuke of the Supreme Court decision to overturn the Defense of Marriage Act, Justice Antonin Scalia said the self-governing power of the people has been eroded.
"Today's opinion aggrandizes the power of the court to pronounce the law," Scalia wrote in the dissenting opinion. It will have the predictable consequence of diminishing the "power of our people to govern themselves," wrote Scalia, who was joined in his dissent by Justices Clarence Thomas and Chief Justice John Roberts, while Justice Samuel Alito wrote a separate dissenting opinion.
Scalia described the "assertion of judicial supremacy over the people’s representatives in Congress and the executive" as "jaw-dropping."
"It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere 'primary' in its role," said Scalia. "This image of the court would have been unrecognizable to those who wrote and ratified our national charter."
Scalia had particular disdain for fellow Justice Anthony Kennedy's ruling in the 5-4 case, saying it opened the door for a federal law allowing same-sex marriages.
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