Opinion | Notable & Quotable: Justice Scalia’s Prescient Dissent

There’s a poignant facet to at the moment’s opinion. Its size, and what is perhaps referred to as its epic tone, recommend that its authors consider they’re bringing to an finish a difficult period within the historical past of our Nation and of our Courtroom. “It’s the dimension” of authority, they are saying, to “cal[l] the contending sides of nationwide controversy to finish their nationwide division by accepting a typical mandate rooted within the Structure.” . . . Fairly on the contrary, by foreclosing all democratic outlet for the deep passions this situation arouses, by banishing the problem from the political discussion board that offers all individuals, even the losers, the satisfaction of a good listening to and an sincere battle, by persevering with the imposition of a inflexible nationwide rule as an alternative of permitting for regional variations, the Courtroom merely prolongs and intensifies the anguish.

We must always get out of this space, the place we now have no proper to be, and the place we do neither ourselves nor the nation any good by remaining.