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To: mojito; xzins
I think Justice Scalia is referring to a personal price that he, Justice Scalia, would pay if he were ever the fifth vote on a decision so trite, maudlin and poorly reasoned.

I agree. Here's the full quote:

""The opinion is couched in a style that is as pretentious as its content is egotistic. If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.""
64 posted on 06/26/2015 11:15:05 AM PDT by Girlene
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To: Girlene

First, the one is in the body, and the “paid” comment is a footnote, so there is no continuous flow of words. It is more as an aside.

The court is egoistic

(Now as an aside comment, let me say that: “If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag...”)

He’s clearly saying that something was GAINED by being the 5th vote....


72 posted on 06/26/2015 11:25:09 AM PDT by xzins (Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
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