A   A   A

Posted: Monday, 30 July 2012 4:09AM

Justice Scalia steps up criticism of healthcare ruling



WASHINGTON (Reuters) - Supreme Court Justice Antonin Scalia on Sunday renewed his criticism of Chief Justice John Roberts' reasoning in upholding President Barack Obama's 2010 healthcare law and also said the Constitution undoubtedly permits some gun control.

The 76-year-old Scalia - a leading conservative on the court who has served as a justice since 1986 - also was asked whether he would time his retirement in order to let a conservative future president appoint a like-minded jurist.

"I don't know. I haven't decided when to retire," Scalia told the "Fox News Sunday" program. "... My wife doesn't want me hanging around the house - I know that."

"Of course, I would not like to be replaced by someone who immediately sets about undoing everything that I've tried to do for 25 years, 26 years, sure. I mean, I shouldn't have to tell you that. Unless you think I'm a fool."

Roberts, also a conservative, sided with the nine-member court's four liberals in upholding the constitutionality of Obama's healthcare law, considered the Democratic president's signature domestic policy achievement.

Scalia joined in a sharply worded dissent on the day of the June 28 ruling and added to his criticism on Sunday.

A central provision of the law is the "individual mandate" that most Americans obtain health insurance by 2014 or pay a penalty. The ruling found that this penalty "may reasonably be characterized as a tax" and thus would be constitutionally permissible under the power of Congress to impose taxes.

"There is no way to regard this penalty as a tax. ... In order to save the constitutionality, you cannot give the text a meaning it will not bear," Scalia said.

"You don't interpret a penalty to be a pig. It can't be a pig."

Supreme Court justices rarely give media interviews. Scalia is making the rounds to promote "Reading Law: The Interpretation of Legal Texts," a new book he co-wrote.

Scalia brushed off Obama's comments aimed at the court regarding the healthcare law and a campaign finance ruling.

"What can he do to me? Or to any of us?" Scalia said. "We have life tenure and we have it precisely so that we will not be influenced by politics, by threats from anybody."

He was asked "why you push people's buttons every once in a while." Scalia said, "It's fun to push the buttons."

GUN CONTROL

Scalia wrote the high court's 2008 ruling that a ban on handguns in the U.S. capital violated the right to bear arms enshrined in the Constitution's Second Amendment.

In light of the July 20 massacre in which a gunman killed 12 moviegoers in Colorado, Scalia was asked whether legislatures could ban the sale of semiautomatic weapons.

He said the 2008 ruling stated that future cases will determine "what limitations upon the right to bear arms are permissible. Some undoubtedly are."

Scalia - a proponent of the idea that the Constitution must be interpreted using the meaning of its text at the time it was written - cited "a tort called affrighting" that existed when the Second Amendment was drafted in the 18th century making it a misdemeanor to carry "a really horrible weapon just to scare people like a head ax."

"So yes, there are some limitations that can be imposed," he said. "I mean, obviously, the amendment does not apply to arms that cannot be hand-carried. It's to 'keep and bear' (arms). So, it doesn't apply to cannons. But I suppose there are handheld rocket launchers that can bring down airplanes that will have to be ... decided."

Regarding the death penalty, Scalia said opponents want it struck under the ban on cruel and unusual punishment included in the Eighth Amendment of the Constitution.

"But it's absolutely clear that the American people never voted to proscribe the death penalty," he said. "They adopted a cruel and unusual punishment clause at the time when every state had the death penalty and every state continued to have it. Nobody thought that the Eighth Amendment prohibited it."

Scalia also took issue with decades-old Supreme Court precedent, saying the Constitution does not provide Americans with a right to privacy, despite a landmark 1965 ruling finding that it does. That ruling helped pave the way for the court's 1973 ruling legalizing abortion.

"There is no right to privacy - no generalized right to privacy," Scalia said. "No one ever thought that the American people ever voted to prohibit limitations on abortion. I mean, there is nothing in the Constitution that says that."

Scalia also was asked about his past criticism of rulings by Supreme Court colleagues in which he called them "folly" and "sheer applesauce."

"I don't know that I'm cantankerous," he said. "I express myself vividly."

Story & Photos Copyright 2012 Reuters
Filed Under :  
Topics : Law_Crime
Social :
Locations : ColoradoWashington
People : Antonin ScaliaBarack ObamaJohn Roberts

Tornado insured losses estimates top $5 billion


Tornadoes that struck from May 18 to May 20 caused between $2 billion to $5 billion in losses.

Arizona jury fails to decide if Jodi Arias should be executed


An Arizona jury failed to reach a unanimous verdict on whether Jodi Arias should be put to death.

IRS official at center of scandal put on leave


Lois Lerner, an IRS official at the center of the scandal, was put on administrative leave.

Obama limits drone use, looks to close Guantanamo


President Obama outlined plans to limit the use of drones and took steps aimed at closing Guantanamo.

British police arrest two more over London attack


British police arrested two more people in a hunt for accomplices.

Father of Chechen shot by FBI suspects son was tortured


The father of the Chechen immigrant killed during questioning said he suspects his son was tortured.

Boy Scouts of America removes ban on gay scouts


The Boy Scouts of America approved a proposal to end a ban on openly gay scouts.

Rep. Issa to call IRS's Lerner back to testify


Rep. Darrell Issa said he will call IRS official Lois Lerner back to testify.

Oklahoma tornado victims astounded at how they survived


Tornado survivors thanked God, sturdy closets and luck.

Military lawyers put more pressure on Guantanamo


Military lawyers urged Defense Secretary Chuck Hagel to improve conditions for detainees.

Drones have killed 4 U.S. citizens


Public backlash against deadly overseas drone strikes may undermine promising uses of such technology.

IRS official refuses to answer questions at hearing


An IRS official told Congress she had done nothing wrong but would not answer questions.

FBI agent shoots man questioned about Boston bombings


An FBI agent shot and killed a Florida man who turned violent while being questioned.

Rescuers comb tornado rubble for buried survivors


Rescue workers with sniffer dogs and searchlights combed through the wreckage.

Senate committee passes immigration bill


A Senate panel approved legislation to give millions of illegal immigrants a path to citizenship.