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Justice Scalia's populist fury against same-sex marriage is 5 years too late

Dimitrios Kambouris/Getty Images

After some cursory legal analysis, Supreme Court Justice Antonin Scalia's dissent in today's big marriage equality case turns to its real point — personal attacks on the other justices as unrepresentative, and table-thumping about democracy:

Yes, that's People with a capital P.

The problem here is that the People agree with the Court's majority, and have for years now:


The Court is under no obligation to simply follow the polls on this matter. But to the extent that the Will of the People is at issue here, the will of the people is on the side of Justice Anthony Kennedy and the majority, not Justice Scalia and his dissent. There's no way in which this counts as an independent consideration on Scalia's side.