" It’s not up to the courts to invent new minorities that get special protections. "
- Antonin Scalia

In its most straightforward interpretation, this statement suggests that courts should adhere strictly to existing legal frameworks when deciding on cases involving minority groups. It implies that judges and courts should not create new categories or identities for protection beyond what has been established by law.

Exploring the deeper meaning of this quote reveals a critical perspective on judicial activism versus adhering to legislative intent. Scalia is cautioning against the judiciary overstepping its bounds by interpreting laws in ways that effectively create new protected classes. This view reflects a preference for letting elected representatives, rather than judges, make decisions about expanding legal protections for minorities. Additionally, it touches upon the balance between judicial interpretation and legislative action, highlighting concerns about courts taking on roles traditionally reserved for legislatures.

Antonin Scalia was an influential American jurist who served as an Associate Justice of the Supreme Court from 1986 until his death in 2016. Known for his conservative legal philosophy, Scalia championed originalism, a theory that emphasizes interpreting the Constitution based on how it would have been understood at the time of its adoption. His views often emphasized textual fidelity and judicial restraint.