Mr. Katsas said the chief justice's interpretation would gut the law and protect "every single guard at Treblinka," the Nazi death camp, since a simple assertion that they were following orders could then merit asylum.
Part of the justices loose interpretation of the recess appointment power was history and custom.
When "diversity" was created as a legal term, it was an argument against a remedial-justice oriented interpretation of American civil rights law, and it couched American society in the history-distorting colors of a "nation of minorities", whites included (see Joppke, 2017, pp. 57 58).
It emphasizes justice-based interpretations of religious texts and creates teaching materials about human rights and gender equality.
On my interpretation, justice is not irrelevant: anything that can be called a commonwealth must exhibit justice in some degree.
Shelby noted dryly, "The court agrees with Justice Scalia's interpretation of Windsor".
"Gonzales barely defends the Ninth Circuit's interpretation," Justice Thomas wrote.
Over the past generation, as the endorsement test has jostled with the frequently maligned, inconsistently applied Lemon test to form the backbone of the court's establishment-clause jurisprudence, detractors have objected to Justice O'Connor's interpretation on several grounds.
He acknowledged that some found his position "simply contrary, tiresome, or quixotic," but added: "Yet, in my judgment, when a justice perceives an interpretation of the text to have departed so far from its essential meaning, that justice is bound, by a larger constitutional duty to the community, to expose the departure and point toward a different path.
But pregnancy itself, Justice Scalia writes, does not give rise to any special consideration.The majority opinion explains persuasively why Justice Scalia's interpretation hits the delete button on half of the PDA (the part after the semi-colon) and ignores what Congress was trying to do when it passed the law in 1978.
