Stupid but constitutional

David Lat, in a brief assemblage of Antonin Scalia anecdotes, gives this one:

“…A lot of stuff that’s stupid is not unconstitutional.”

“I gave a talk once where I said they ought to pass out to all federal judges a stamp, and the stamp says—Whack! [Pounds his fist.]—STUPID BUT ­CONSTITUTIONAL. Whack! [Pounds again.] STUPID BUT ­CONSTITUTIONAL! Whack! ­STUPID BUT ­CONSTITUTIONAL … [Laughs.] And then somebody sent me one.”

And now the Twitter user has posted a relevant picture [link now broken].

P.S., a Twitter exchange shedding more light:

One Comment

  • Unfortunately, too many judges make decisions not on the law but on what seems “fair” or “right”. That is not their job.