According to this Huffington Post report, written in response to this Aspen Times article, US Supreme Court Justice Antonin "Fat Tony" Scalia has taken his campaign against "activist judges" by opening a talk to the Utah Bar Association with...
...a reference to the Holocaust, which happened to occur in a society that was, at the time, “the most advanced country in the world.” One of the many mistakes that Germany made in the 1930s was that judges began to interpret the law in ways that reflected “the spirit of the age.” When judges accept this sort of moral authority, as Scalia claims they’re doing now in the U.S., they get themselves and society into trouble.Okay, so, Godwin's Law notwithstanding, I suspect I get the subtext of what Scalia was going for, here.
In a way, for Scalia, it's not about German's judicial history at all. I'm quite sure Scalia - who is more of a cultural critic than a judicial mind, anyway - knows very little about how the courts worked and what they did back then. What Scalia is really referring to is German culture in general in the pre-Third Reich period.
That period was known as the Weimar Republic, which lasted just about 14 years, between the end of the first world war and Hindenberg's assumption of dictatorial powers in 1930, which paved the way for the Third Reich.
One feature of the Weimar Republic was an extreme liberalism, including a very open attitude towards homosexuality and "decadent" Modernism in the arts.
It doesn't take a genius to read between Scalia's lines, here. There is no academic critique to be sussed from Scalia's intemperate words. He is simply comparing the USA to Weimar Germany for its growing acceptance of homosexuals and homosexuality in culture.
Oh, and the other, darker, equally "between the lines" notion that one can take from Scalia's comments is that there will be a Holocaust-like backlash coming soon, too, for American gays, just as there was for German gays and other groups who were Holocausted into oblivion in Germany back then.
Typical right-winger, praying for a Holocaust.