The following comes from an October 29 SF Gate article by Bob Egelko:
Supreme Court Justice Antonin Scalia, widely viewed as the leader of the court’s dominant conservative bloc, told law students at Santa Clara University on Wednesday that he’s actually a dissident on a liberal court, one whose prevailing view threatens “the destruction of our democratic system.”
Scalia said the court’s promotion of what he derisively called the “living Constitution” began in the 1920s, when justices interpreted the guarantee of due process of law to protect fundamental rights not mentioned in the constitutional text.
The rulings started with relatively non-controversial rights, like the right to educate one’s children, but soon headed down a “slippery slope,” Scalia said. “At the bottom of that slope, I can’t imagine how you can go any further, is the right to same-sex marriage.”
“Do you think the American people would ever have ratified” the Constitution if they had been told “the meaning of this document shall be whatever a majority of the Supreme Court says it is?” Scalia asked. Referring to the 1973 ruling that legalized abortion and the 1992 decision that barred states from placing an: “undue burden” on abortion rights, he said, “They vote on the basis of what they feel.”