Cite as: 531 U. S. 533 (2001)
Scalia, J., dissenting
Congress' antecedent funding decision cannot be aimed at the suppression of ideas thought inimical to the Govern-ment's own interest. Regan v. Taxation With Representation of Wash., 461 U. S. 540, 548 (1983); Speiser v. Randall, 357 U. S. 513, 519 (1958).
For the reasons we have set forth, the funding condition is invalid. The Court of Appeals considered whether the language restricting LSC attorneys could be severed from the statute so that the remaining portions would remain operative. It reached the reasoned conclusion to invalidate the fragment of § 504(a)(16) found contrary to the First Amendment, leaving the balance of the statute operative and in place. That determination was not discussed in the briefs of either party or otherwise contested here, and in the exercise of our discretion and prudential judgment we decline to address it.
The judgment of the Court of Appeals is
Affirmed.
Justice Scalia, with whom The Chief Justice, Justice O'Connor, and Justice Thomas join, dissenting.
Section 504(a)(16) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Appropriations Act) defines the scope of a federal spending program. It does not directly regulate speech, and it neither establishes a public forum nor discriminates on the basis of viewpoint. The Court agrees with all this, yet applies a novel and unsupportable interpretation of our public-forum precedents to declare § 504(a)(16) facially unconstitutional. This holding not only has no foundation in our jurisprudence; it is flatly contradicted by a recent decision that is on all fours with the present cases. Having found the limitation upon the spending program unconstitutional, the Court then declines to consider the question of severability, allowing a judgment to stand that lets the program go forward under a version of
549
Page: Index Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: October 4, 2007