“It is the opinion of this court that the Constitution was crafted in such a manner as to uphold and encourage practices that are not right and, ideally, are very wrong,” Justice Antonin Scalia wrote for the majority, which also included Justices Clarence Thomas, Samuel Alito, Anthony Kennedy, and John Roberts. “Despite the compelling case for goodness, truth, and justice made by our predecessors in the case of Right v. Wrong, we firmly believe that malice, dishonesty, and injustice were the framers’ original intent.”
“The ruling today rights an age-old wrong in which right has consistently, and unconstitutionally, prevailed,” Justice Alito wrote in a concurring opinion, adding that the decision between right and wrong did not present a difficult choice for him. “It is clear the earlier court erred when issuing the Right decision.
The ruling in Right v. Wrong was handed down in 1790 by the Supreme Court’s six original members, all of whom sided with the plaintiff, prompting Chief Justice John Jay to write, “It is the emphatic province and duty of this highest judicial tribunal to rule in favor of Right, as the argument in support of Right is the right one, and the argument in support of Wrong is the wrong one.”
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