Speaking at an event sponsored by the Federalist Society in Montana, Scalia said the high court should not intervene on issues such as wiretapping and “inventing” new minorities, according to reports.
“It’s not up to the courts to invent new minorities that get special protections,” Scalia said, in an apparent reference to the court’s recent decisions on gay marriage and federal benefits for same-sex couples.
Scalia said courts should not create new rights, leaving that to constitutional changes or to Congress.
The Supreme Court in June overturned a key part of the Defense of Marriage Act that blocks married same-sex couples from receiving some federal benefits and, in a separate case, paved the way for gay marriages to resume in California.
Scalia wrote a blistering dissent in the court’s decision to overturn DOMA.