In the given statement, Antonin Scalia argues against having a small group of unelected judges decide on a significant social issue like same-sex marriage. He believes that such an important matter should be handled by those who are elected to represent the views and will of the people, rather than being decided by a panel that does not necessarily reflect the broader public's demographics or viewpoints.
Scalia’s statement touches upon deeper themes related to democratic governance and the balance between judicial power and popular sovereignty. By invoking the principle "no taxation without representation," Scalia emphasizes his view that major social changes should be influenced and agreed upon by those who are accountable to the electorate, not just a few unelected judges. This perspective challenges the notion of judicial activism in which courts play an active role in shaping societal norms and policies, instead advocating for legislative bodies to take the lead on such issues.
Antonin Scalia was a prominent American jurist who served as an Associate Justice of the Supreme Court from 1986 until his death in 2016. Known for his conservative views and originalism—a judicial philosophy that interprets the Constitution based on its original meaning at the time it was enacted—Scalia frequently engaged in debates about the role of judges in shaping American law and society. His quote reflects his belief in limiting the power of unelected judges to enact social change, advocating instead for democratic processes and elected officials to address such issues.
