Justices Scalia and Thomas. Scalia stated that “We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate the democratically adopted legislation.” Additionally, Scalia believed that the Supreme Court did not have the jurisdiction to review and decide the case. Both Justices believed that this case was about power. People having the power to govern themselves and the court having the power to pronounce the law. Scalia believed that the majority opinion described non-supporters of same-sex marriage as "enemies of the human
