Scalia: Some on court inventing rights

East Valley Tribune: “‘The fight is about the Supreme Court inventing new rights nobody ever thought existed,” Justice Antonin Scalia said in an appearance at the University of Arizona College of Law. ‘Right to abortion?” he asked. ‘Come on. Nobody thought it violated anything in the Constitution for 200 years. It was criminal.’ The same, said Scalia, is true of homosexual sodomy.”

UPDATE: Howard Fischer’s article misquotes Justice Scalia on Brown v. Board of Education. Jack Balkin writes:

As I suspected, Justice Scalia did not say he would have dissented in Brown v. Board of Education in 1954. The newspaper account is incorrect and took his remarks out of context. The author of the article, Howard Fischer of Capitol Media Services, owes Justice Scalia an apology.

And I apologize for quoting this incorrect article in my original post.

Here is the video of the event:

At 23:45 Justice Scalia is clearly misquoted. He says that he stands with Justice Harlan, who dissented in Plessy v. Ferguson. He argues that the original meaning of the Fourteenth Amendment prohibits racial discrimination.