Scalia, in his DOMA ruling dissent, says the court has gone too - TopicsExpress

Scalia, in his DOMA ruling dissent, says the court has gone too far in its estimation of its own powers: For this reason we are quite forbidden to say what the law is whenever (as today’s opinion asserts) “‘an Act of Congress is alleged to conflict with the Constitution.’” Ante, at 12. We can do so only when that allegation will determine the outcome of a lawsuit, and is contradicted by the other party. The “judicial Power” is not, as the majority believes, the power “‘to say what the law is,’” ibid., giving the Supreme Court the “primary role in determining the constitutionality of laws.”

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