re: #190 acacia

He may have said that at a speech but he certainly applied it in the McDonald case on the Second Amendment.

Of course he did, he’s a two-faced jerk. The fact that he was right in that case doesn’t absolve him of only giving a shit about the Fourteenth Amendment when doing so falls in line with conservative ideology. From Scalia’s dissent in United States v. Virginia et al.(The VMI case):

More specifically, it is my view that “when a practice not expressly prohibited by the text of the Bill of Rights bears the endorsement of a long tradition of open, widespread, and unchallenged use that dates back to the beginning of the Republic, we have no proper basis for striking it down.” Rutan v. Republican Party of Ill., 497 U.S. 62, 95 (1990) (Scalia, J., dissenting). The same applies, mutatis mutandis, to a practice asserted to be in violation of the post-Civil War Fourteenth Amendment. See, e.g., Burnham v. Superior Court of Cal., County of Marin, 495 U.S. 604 (1990) (plurality opinion of Scalia, J.) (Due Process Clause); J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127, 156-163 (Scalia, J., dissenting) (Equal Protection Clause); Planned Parenthood of S. E. Pa. v. Casey, 505 U.S. 833, 979-984, 1000-1001 (1992) (Scalia, J., dissenting) (various alleged “penumbras”).