Scalia: "Couldn't we pick an uglier example than a koala bear?" Scalia: "To say this is taking an animal seems to me just weird." Souter: "It seems to me you’re wrong when you say it's got to be purposeful."Justice Thomas was the only court member who refrained.
Stevens: "Would I be violating the law if I built a golf course without the intention of causing a bird to become extinct, but with the full knowledge that it would result in the bird's becoming extinct." Souter: "Fairness cannot be stretched to the point of calling this a fair trial." Scalia: a blistering dissent. Stevens: "The right to remain anonymous may be abused when it shields fraudulent conduct. But political speech by its nature will sometimes have unpalatable consequences." Stevens: "Anonymity is a shield from the tyranny of the majority." Scalia: "It facilitates wrong by eliminating accountability, which is ordinarily the very purpose of anonymity." Rehnquist: "This they cannot do without seriously undercutting the orderly process of law."a spirited argument
Stevens: "The law was nothing more than an attempt to blindfold the public" Scalia: "[the doctrine] is a structural safeguard establishing high walls and clear distinctions because low walls and vague distinctions will not be judicially defensible in the heat of interbranch conflict." Scalia: "In dictatorships of the modern world bills of rights are a dime a dozen.""imperial Presidency" "runaway Congress" "unelected judiciary"
Scalia this week borrowed from poet Robert Frost in offering one of his reasons why: "Good fences make good neighbors."
strongly worded opinion
Stevens: "To engage in such pure speculation while condemning (the) assertion of increased punishment as 'specu- lative' seems to me not only unpersuasive but actually perverse."both lawyers were peppered with questions from eight justices. Only Justice Thomas did not ask one.
Scalia: "They weren't there to recreate. They were there to express something." O'Connor: "If a circus holds a parade 'expressing no viewpoint except the circus is in town and everybody come,' can an animal rights group demand the right to march in that parade to protest the use of circus animals?" Stevens: "...how to distinguish between a sign for identification and a sign for advocacy?" Kennedy: "...for a Court to tell a private entity how to celebrate is antithetical to the first amendment." O'Connor: "[your argument is] so far-fetched it's hard to bring this down to reality, down to the real world."Only Justice Thomas, who remains silent in most arguments, appeared troubled by the notion that the Klan's white cross is a religious symbol.
Thomas: "You say this is a religious symbol. What is the religion of the Klan?...If someone said the Klan was carrying a cross down Pennsylvania Avenue, would the average person, a reasonable person think that the Klan was engaging in the free exercise of religion or a political statement?"impassioned dissents
O'Connor: "You come here arguing for this remarkable proposition to suppress speech in a discriminatory fashion." Thomas: "What does a burning cross symbolize?...Some might see fire in that cross." O'Connor: "Does a reasonable person know how to read?"Justice Scalia was also scathing.
Breyer: "Has the paper been piling up?"Thomas, who came to the Supreme Court under a cloud