Justice Scalia turns down chance to respond to Obama ‘judicial restraint’ warning

With one syllable, Justice Antonin Scalia on Tuesday avoided a public discussion about whether the Supreme Court would be engaging in judicial activism — as President Obama has argued it would — if it struck down the 2010 healthcare law's individual mandate.

When asked at a Long Island breakfast event whether he wanted to comment on Obama's argument, Scalia quickly replied, "Nope."

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Rep. Peter King (R-N.Y.), who was sitting next to Scalia at the Federalist Society breakfast, relayed that story to reporters, according to Capital New York. "He just sort of smiled when I said it," King said.

King also said that while he sat next to Scalia at the breakfast, he learned nothing about how the Supreme Court might rule later this year.

While many conservatives were encouraged by the three days of questions that Supreme Court justices asked about the healthcare law during hearings last week, King downplayed that, and said his impression after following other cases is that it's tough to read what the justices might be thinking just based on the questions.

"I haven't practiced law in a long time, but I've followed a lot of Supreme Court cases, and to me, the questions don't always mean that much," King said.

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