After all he's been uttering homophobic statements for years. And today, in a case involving the Constitutionality of the DOMA he's looking at his second straight day of having to deal with the issue.
Yesterday, Scalia's ignorance of science in favor of talk radio was on display on the issue of same-sex couples adopting.
Yet the liveliest moments came when Scalia asked Ted Olson, President George W. Bush's solicitor general and the lawyer for the two same-sex couples challenging Prop 8, "When did it become unconstitutional to exclude homosexual couples from marriage? 1791 [when the Bill of Rights was ratified]? 1868, when the 14th Amendment was adopted?"Scalia, of course, asks this question because he's looking for a reason to not finding in favor of same-sex marriage. But Olson's response irritated Scalia -- because it sucks to have the fallacy of your twisted logic exposed so easily.
Olson pushed back against Scalia's originalist view, asking him in return, "When did it become unconstitutional to prohibit interracial marriages?"
I predict today, there's going to be an explosion of offensive statements from the Robed Troll.
[cross-posted at Firedoglake]