Posted on 08/30/2005 10:04:32 AM PDT by grizzly84
ORANGE, California (AP) -- U.S. Supreme Court Justice Antonin Scalia blasted what he called "judge moralists" and the infusion of politics into judicial appointments Monday after joining law students in a re-enactment of a 100-year-old landmark case. Speaking before a packed auditorium at Chapman University, Scalia said he was saddened to see the Supreme Court deciding moral issues not addressed in the Constitution, such as abortion, gay rights and the death penalty. He said such questions should be settled by Congress or state legislatures beholden to the people. "I am questioning the propriety -- indeed, the sanity -- of having a value-laden decision such as this made for the entire society ... by unelected judges," he said. Scalia also railed against the principle of the "living Constitution," saying it has led the Senate to try to appoint so-called politically "moderate" judges instead of focusing on professional credentials and ability.
(Excerpt) Read more at cnn.com ...
"Professor John Eastman, who played the role of Lochner's counsel, argued that the state law had been sponsored by German union members who wanted to prevent competition from harder working Italian immigrant bakers.
To that, Scalia replied "Mama mia!"
Very important remarks. Should be required reading of every U.S. Senator.
I am surprised too since he was a dissenter.
Because that is not so much of an issue that was decided on morals.
" Now the Senate is looking for moderate judges, mainstream judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say? "
Scalia nails it.
Too bad he can't run for President.
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