Antonin Scalia

“ The notion that the Constitution of the United States, designed, among other things, "to establish Justice, insure domestic Tranquility,...and secure the Blessings of Liberty to ourselves and our Posterity," prohibits the States from simply banning this visibly brutal means of eliminating our half-born posterity is quite simply absurd. ”

“ Today's decision, that the Constitution of the United States prevents the prohibition of a horrible mode of abortion, will be greeted by a firestorm of criticism--as well it should. I cannot understand why those who acknowledge that, in the opening words of Justice O'Connor's concurrence, " [t] he issue of abortion is one of the most contentious and controversial in contemporary American society," ante, at 947, persist in the belief that this Court, armed with neither constitutional text nor accepted tradition, can resolve that contention and controversy rather than be consumed by it. ”

“ Today's decision is the proof. As long as we are debating this issue of necessity for a health-of-the-mother exception on the basis of Casey, it is really quite impossible for us dissenters to contend that the majority is wrong on the law--any more than it could be said that one is wrong in law to support or oppose the death penalty, or to support or oppose mandatory minimum sentences. The most that we can honestly say is that we disagree with the majority on their policy-judgment-couched-as-law. ”