Looks like Scalia really stepped in it this time, but let's step back and examine what he said without a lot of emotion. Traditionally, Supreme Court justices have sometimes asked outrageous questions in the course of their questioning. Sometimes they play Devil's advocates. And, in order to decide cases, questions like these must sometimes be asked, in order to cover all aspects of a case, even if some of those aspects are ridiculous on their faces.
So what do you think Scalia had in mind when he asked those questions? I believe he was addressing a very political aspect of Title V, that many people actually believe, and it could be that he is putting the issue to rest, rather than intending to create an incinidary situation.
What do YOU think?
Article is here.