Supreme Court Justice Antonin Scalia loves talking about the Constitution. He’s not afraid to discuss hot-button topics like the death penalty and gay marriage. But apparently, he’s not a big fan of getting his picture taken.
Yesterday, during a speech at William Carey University in Mississippi, Scalia was busy talking about constitutional originalism while a media photographer, who was authorized to take still shots of the justice, was snapping away. Still, Scalia was displeased.
“Could we stop the photos please?” Scalia said, according to a report by The Hattiesburg American.
Interestingly, the last time Scalia spoke in Hattiesburg was in 2004, when a free speech battle was spurred after a federal marshal seized the tape recorders of reporters from the American and the Associated Press covering Scalia’s talk. The news organizations sued the U.S. Marshals Service and won, and Scalia later apologized to the reporters and they got their tape recorders back.
Yesterday during Scalia’s talk, he touched on the issue of gay marriage just over a week after Rep. Barney Frank made headlines for calling the justice a “homophobe.” Although Scalia declined to comment on Frank’s comments at the time, yesterday Scalia said that the Fourteenth Amendment does not provide a right for gays to marry any more than it provided a right for women to vote. It is for legislators to carve out any such right, Scalia said – just as they did by passing the 19th amendment guaranteeing women’s suffrage.
He acknowledged that not all Supreme Court justices share his views.
“There are four justices who have sat beside me who believe that the death penalty is now unconstitutional … and they believe it to be unconstitutional, because they think it ought to be,” he said. No word yet on whether the ears of Justices Ginsburg, Stevens, Souter or Breyer began to burn.
One footnote, since Scalia was en route to Mississippi during yesterday’s brief Supreme Court session, Chief Justice John G. Roberts, Jr. announced Scalia’s opinion in U.S. v. Navajo Nation, according to Legal Times BLT blog.