“And, as an originalist, Scalia argues that the idea that the Equal Protection Clause of the 14th Amendment protects women’s rights is a “modern invention”, because he says, in 1868 when it was written, “Nobody thought it was directed against sex discrimination”. Evidently, back then, women hadn’t been invented yet. (Made Do With Steam-Powered Friction Pump)

Plus, the 14th Amendment was created to protect the rights of newly freed slaves. That’s why it strictly limits equal protection under the law to “All persons born or naturalized in the United States…” So all Scalia is saying is that women aren’t persons.

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Before all you minorities demand that Scalia recognize your equal rights, just ask yourself, were people like me living in America in the mid-19th century? And if not, put a cork in it. Because our longest serving Supreme Court Justice is still living in 1868.”