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Justice Scalia on the 14th Amendment, Vulgarity, and New York Pizza
There is an extended interview with Justice Scalia inThe California Lawyer
On the 14th Amendments, which in his opinion does not forbid gender discrimination:
Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.
On our vulgar society:
Gee, I don’t know. I occasionally watch movies or television shows in which the f-word is used constantly, not by the criminal class but by supposedly elegant, well-educated, well-to-do people. The society I move in doesn’t behave that way. Who imagines this? Maybe here in California. I don’t know, you guys really talk this way?
On New York Pizza v. DC Pizza:
I think it is infinitely better than Washington pizza, and infinitely better than Chicago pizza. You know these deep-dish pizzas—it’s not pizza. It’s very good, but … call it tomato pie or something. … I’m a traditionalist, what can I tell you?
Amen Nino. NY Pizza is the best.