Scalia: 'I Haven't Had a Falling Out with Justice Roberts'
by Ariane de Vogue
Supreme Court Justice Antonin Scalia dismissed reports the recent health care decision created a rift with Chief Justice John Roberts.
"Who told you that? " Scalia asked CNN's Piers Morgan who said he had read the allegations in news reports. The interview aired Wednesday night.
Roberts sided with the liberals on the Court to uphold the individual mandate under the taxing clause and Scalia, Justices Anthony Kennedy, Clarence Thomas and Samuel Alito wrote a blistering joint dissent.
"You should not believe what you read about the Court in the newspaper," Scalia said. "Because the information has either been made up or given to the newspapers by somebody who is violating a confidence, which means that person is not reliable."
Read some of Scalia's Criticisms HERE
Morgan asked him, "So you have had no falling out with Justice Roberts?"
"No, I haven't had a falling out with Justice Roberts," Scalia replied.
Scalia said that in general there a clashes on the Court "on legal questions, but not personally. The press likes to paint us you know, nine scorpions in a bottle, and that's just not the case at all."
Although he wasn't asked about the cases decided in the term that just ended, Scalia did not shy away from other controversial cases.
Morgan asked him about Citizens United and campaign spending.
"I think Thomas Jefferson would have said the more speech, the better. That's what the First Amendment is all about. So long as the people know where the speech is coming from," Scalia said.
But it is Bush v. Gore, the contentious decision that put George W. Bush in the White House in 2001, that Scalia said most people ask him about.
"It comes up all the time and my usual response is ' get over it '," Scalia said. He added that he had no regrets about the decision. "Especially because it's clear that the thing would have ended up the same way anyway. The press did extensive research into what would have happened if what Al Gore wanted done had been done county by county, and he would have lost anyway."
He reiterated his long held belief that Roe v. Wade was wrongly decided.
"My view is regardless of whether you think prohibiting abortion is good or whether you think prohibiting abortion is bad, regardless of how you come out on that, my only point is the Constitution does not say anything about it. It leaves it up to democratic choice. "
The interview came as Scalia is launching a book tour for "Reading the Law: the Interpretation of Legal Texts" co-authored with Bryan A. Garner. The book explains Scalia's textual approach to the law.
The law, Scalia said, "should be based on the text of the Constitution, reasonably interpreted."
Morgan also asked Scalia about the secret to his successful 52 year marriage with his wife Maureen and their 9 children and 33 grandchildren. "What was the secret? Maureen made it clear if we split up I would get the children," Scalia quipped.