He is now saying that absent legislation, there is a private right to discriminate against women:
The equal protection clause of the 14th Amendment to the U.S. Constitution does not protect against discrimination on the basis of gender or sexual orientation, according to Supreme Court Justice Antonin Scalia.
In a newly published interview in the legal magazine California Lawyer, Scalia said that while the Constitution does not disallow the passage of legislation outlawing such discrimination, it doesn’t itself outlaw that behavior:
Seriously, when then Assistant Attorney General wrote that William Renquist wrote that “A judge who is a “strict constructionist” in constitutional matters will generally not be favorably inclined toward claims of either criminal defendants or civil rights plaintiffs,” he wasn’t kidding.
A strict constructionist is a judge who prejudges cases to benefit the powerful and corrupt. They are results based jurists, and the depressing thing is that Scalia is arguably only the 4th most insane member of the court right now, after Roberts, Alito, and Thomas.