“It’s not up to the courts to invent new minorities that get special protections,” Supreme Court Justice Antonin Scalia recently told the Federalist Society. He was defending his decisions on DOMA and California Prop 8, implying gay people are a “minority” under the law. Scalia often makes these anti-“minority” decsions. Replace the word gay with almost any group smaller than the white male, and sometimes when it suits him, female population and he is exhaustingly predictable.
Scalia often lives in a topsy-turvy world where his own words oddly prove him wrong and this is one of those times.