Scalia is truly an embarrassment. The one thing even the "originalists" and the "living Constitutionalists" should agree upon is the very FIRST thing one looks for in a statute is the wording.
The Fourteenth Amendment:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
It doesn't specify white person or black person, male person or female person, straight person or gay person, it says ANY PERSON.
But not to Scalia, no he just flicks his hand under his chin and says it only means the EP clause applies to the freed slaves, not to, oh say women. Unless, of course, there's a Republican and power involved.
In Bush v. Gore, he joined the majority that stopped the vote recount in Florida in 2000 - because they said equal protection required it. Is there really any reason to believe that the drafters - who, after all, were trying to help black people achieve equality - intended to protect President Bush's right to have the same procedures for a vote recount in Broward County as he had in Miami-Dade? (If Justice Scalia had been an equal-protection originalist in that case, he would have focused on the many black Floridians whose votes were not counted - not on the white President who wanted to stop counting votes.)
It's funny who Tony thinks gets the 14th Amendment's protections, as the last time I looked in 2000 George Bush wasn't a freed slave.