Scalia: 'Not Up to the Courts to Invent New Minorities

Supreme Court Justice Antonin Scalia said the court system is overstepping its authority in creating special protections for "new minorities."

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The justice's remark at a Federalist Society gathering in Montana was an apparent reference to the Supreme Court's recent decisions on gay marriage and same-sex couples, the Associated Press reported.

"It's not up to the courts to invent new minorities that get special protections," Scalia said.

Scalia said any such changes should be left up to Congress to make, not a majority of judges. Scalia, of the court's conservative side, wrote a biting dissent of the Defense of Marriage Act decision.

Addressing recent revelations about the National Security Agency's surveillance activities, Scalia said the court is the branch of government most in the dark about security threats.

"Of all the three branches, we are the one that knows the least about the nature of the threats to the country, and we have the least ability to find out about it," he said, according to the AP.

Addressing an audience question about the Second Amendment, Scalia said "the scope of the armament that people can keep and bear" still needs to be determined.

"Can they bear shoulder-fired rocket launchers?" he asked.

And the justice drew laughter when he answered a question about the most wrenching decision he has seen on the court.

"Well, is Obamacare too recent?" Scalia asked.