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Scalia says Constitution silent on abortion, race in school
cnn.com ^ | 16 October 2006

Posted on 10/15/2006 6:55:12 PM PDT by Aussie Dasher

WASHINGTON (AP) -- Justice Antonin Scalia on Sunday defended some of his Supreme Court opinions, arguing that nothing in the Constitution supports abortion rights and the use of race in school admissions.

Scalia, a leading conservative voice on the high court, sparred in a one-hour televised debate with American Civil Liberties Union president Nadine Strossen. He said unelected judges have no place deciding politically charged questions when the Constitution is silent on those issues.

Arguing that liberal judges in the past improperly established new political rights such as abortion, Scalia warned, "Someday, you're going to get a very conservative Supreme Court and regret that approach."

"On controversial issues on stuff like homosexual rights, abortion, we debate with each other and persuade each other and vote on it either through representatives or a constitutional amendment," the Reagan appointee said.

"Whether it's good or bad is not my job. My job is simply to say if those things you find desirable are contained in the Constitution," he said.

Scalia's comments come as the Supreme Court this term will hear closely divided issues involving partial-birth abortion and school integration. They are expected to test the conservative impact of the court's two newest members, Chief Justice John Roberts and Samuel Alito.

Scalia, 70, has consistently voted to limit the use of race in school admissions and has called for the 1973 Roe v. Wade decision establishing a woman's right to abortion to be overruled. But his influence was often limited by moderate Sandra Day O'Connor, who cast deciding votes on those issues against him.

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: abortion; constitution; justicescalia; scotus
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A few more like Scalia on the bench wouldn't go astray!!!
1 posted on 10/15/2006 6:55:13 PM PDT by Aussie Dasher
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To: Aussie Dasher

This could be the ApocAlito!


2 posted on 10/15/2006 6:56:31 PM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: Aussie Dasher
sparred in a one-hour televised debate with American Civil Liberties Union president Nadine Strossen.

This man is a patriot. This man has courage.

Godspeed.

3 posted on 10/15/2006 6:56:37 PM PDT by the invisib1e hand (* nuke * the * jihad *)
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To: Aussie Dasher

Come think of it AD I don't think our American founding fathers knew what abortion was

So he has point


4 posted on 10/15/2006 6:58:06 PM PDT by SevenofNine ("Step aside Jefe"=Det Lennie Briscoe)
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To: Aussie Dasher
Good evening.

Scalia, arguing that nothing in the Constitution supports abortion rights and the use of race in school admissions.

Duh. I've read the U.S. Constitution many times and find the same thing as Scalia. Plus, I challenge the liberals/communists/democRATs to find the word "education," anywhere in the Constitution.

5.56mm

5 posted on 10/15/2006 6:59:53 PM PDT by M Kehoe
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To: M Kehoe

You know, nothing in the constitution mentions an airforce...

I had to play devils advocate. Scalia is right, of course, about abortion and affirmative action.


6 posted on 10/15/2006 7:06:21 PM PDT by NYIslander
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bttt


7 posted on 10/15/2006 7:07:38 PM PDT by GretchenM (What does it profit a man to gain the whole world and lose his soul? Please meet my friend, Jesus.)
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To: 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; annalex; ...


8 posted on 10/15/2006 7:08:38 PM PDT by Coleus (Abortion and Euthanasia, Don't Democrats and Pro-life Republicans who vote for Title X just kill ya!)
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To: M Kehoe

I only saw the last ten minutes but this man is a force to be reckoned with! The ACLU types all appauded wildly at the end. The Lefty Lady President that he sparred with with was quite polite and engaged.
As I said, I saw only the last ten minutes...even the crowd was respectful.. GO NINO!


9 posted on 10/15/2006 7:08:58 PM PDT by acapesket (never had a vote count in all my years here)
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To: SevenofNine
Come think of it AD I don't think our American founding fathers knew what abortion was

I know Jefferson did. He noted that native americans that were having a hard time surviving practiced it.

10 posted on 10/15/2006 7:11:36 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: Aussie Dasher

That's not true. The Constitution validates the Declaration of Independence as a document of legislation. The Declaration expresses our inalienable Right to Life.


11 posted on 10/15/2006 7:13:50 PM PDT by unspun (What do you think? Please think, before you answer.)
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To: NYIslander

True, but in Art II section 1 It says the Pres must "protect and defend" the constituion.


12 posted on 10/15/2006 7:15:06 PM PDT by Hazcat (Live to party, work to afford it.)
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To: the invisib1e hand

I walked out on a speech by Strassen once... I'm proud to say. I wish now I had heckled her.


13 posted on 10/15/2006 7:15:21 PM PDT by Mercat (Ìïõ ðáñïõóéÜóôå ôé ï Mohammed Ýöåñå ðïõ Þôáí íÝïò, êáé åêåß èá âñåßôå ôá ðñÜãìáôá ìüíï êáêÜ êáé áðÜí)
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To: SevenofNine
Come think of it AD I don't think our American founding fathers knew what abortion was

Not to put too fine a point on it, but they knew very well what it was. What they wouldn't have imagined would have been that someday a faction of people would convince the court that it was anything but an abomination. The Hippocratic Oath forbids doctors from performing abortion, but I don't even think they swear that oath any more.

14 posted on 10/15/2006 7:17:06 PM PDT by ichabod1 (Face it, every empire comes to an end, and ours is on the down hill slope.)
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To: NYIslander
You know, nothing in the constitution mentions an airforce...

Excellent point, and I say bring it! I am confident that a constitutional amendment providing for our national armed forces would be easily passed and ratified. Amendments to legalize abortion and to condone institutional racism (affirmative action) wouldn't have such an easy go of it.

15 posted on 10/15/2006 7:24:11 PM PDT by RightInEastLansing
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To: NYIslander
You know, nothing in the constitution mentions an airforce...

Did the Supreme Court establish the Air Force? Or is your statement just a red herring?

16 posted on 10/15/2006 7:26:40 PM PDT by xjcsa (John McCain: sacrificing the lives of American women and children to save American soldiers.)
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To: NYIslander

Oh wait, you were referring to the "education" comment...never mind.


17 posted on 10/15/2006 7:27:20 PM PDT by xjcsa (John McCain: sacrificing the lives of American women and children to save American soldiers.)
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To: unspun

Huh?? The Constitution converts The Declaration of Independence into a legislative act??? A novel, no, bizzare concept.


18 posted on 10/15/2006 7:27:53 PM PDT by middie
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To: Aussie Dasher

We need to hear from Scalia on how the 14th Amendment bars "anchor babies", and how radical homosexual groups like the GSA and GSLED have no right to push perverted propaganda in our schools under the guise of "equal rights".


19 posted on 10/15/2006 7:28:57 PM PDT by montag813
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To: SevenofNine

I'm sure they knew what abortion was. It's just that back then, it wasn't something you would talk about openly let alone something that a "lady" would demand the right for.


20 posted on 10/15/2006 7:29:02 PM PDT by TNdandelion
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