Justice Scalia: Abortion Issue Not Constitutional

NewsMax ^ | 10/21/06 | AP

[cpforlife.org]

The Constitution says each PERSON should have due process of law, so it really doesn't sound a if they were against capital punishment, as long as there was DUE PROCESS. What do you think?

IT'S THE TRUTH

[Borges]

Deeply controversial issues like abortion and suicide rights have nothing to do with the Constitution, and unelected judges too often choose to find new rights at the expense of the democratic process, Supreme Court Justice Antonin Scalia said Saturday.

I agree but didn't Justice Scalia vote to strike down Oregon's Assisted Suicide Law?

[Lexinom]

There's a problem though. With that philosophy you would logically need to undo the emancipation proclamation - a moral dead-ringer for abortion (strong exploiting weak for personal gain). States rights, remember?

[linda_22003]

Or right over the border to Canada or Mexico.

[wagglebee]

During Prohibition, there was nothing to stop people from going to other countries to drink, today there is nothing stopping people from going to places that allow them to smoke pot.

[linda_22003]

I'm certainly old enough to remember when women with money had "choice"; I remember girls from my prep school having a sudden "vacation" abroad during the school term. Women with money will always have a choice, I suppose.

[wagglebee]

Where are you going with this?

I understand that you think abortion should remain legal. I think it should be illegal; however, I think that the most reasonable solution is to allow the individual states to decide as they do with other things.

[linda_22003]

I think giving it to the states is reasonable as well. I'm not "going" anywhere with it, except that people posting here sometimes give the impression that they think abortion will magically cease if the laws change. I'm just trying to manage expectations. ;)

[wagglebee]

I don't think it will "cease" even though I wish it would. Just as it didn't "start" with Roe v. Wade. However, Roe was the catalyst for accelerating abortion to the point that there were soon in excess of one million a year in this country.

The reality is that many legal scholars regardless of their personal view on the matter have stated that the legal arguments and basis for Roe are probably the worst of any major SCOTUS decision ever.

[McGavin999]

These are not political issues, they are moral issues. They only become political when those who should be teaching the moral issues fail.

If children were brought up with proper moral grounding there would be no problem.

[trisham]

The decision and its later reaffirmations simply enforce the cultural prejudices of a particular class in American society, nothing more and nothing less. For that reason, Roe is impervious to logical or historical argument; it is what some people, including a majority of the Justices, want, and that is that.

*************

Well said. Still, I have hope for the future, particularly once Kennedy and Ginsberg are no longer on the court.