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Justice Antonin Scalia Reconfirms: No Right to Abortion in Constitution
Life News ^ | 10/17/07 | Steven Ertelt

Posted on 10/17/2007 3:25:32 PM PDT by wagglebee

Philadelphia, PA (LifeNews.com) -- Supreme Court Justice Antonin Scalia attended Catholic celebratory events on Monday and gave a speech at Villanova Law School's Second Annual John F. Scarpa Conference on Law, Politics & Culture. He reconfirmed his belief that the so-called right to abortion is found nowhere in the Constitution.

He said that notion is not guided by his Catholic views but by his understanding of the Constitution and his perspective as a "strict originalist" and "legal positivist."

"Not everything you may care about is in the Constitution," he told the audience, according to a report in The Bulletin newspaper. "It is a legal document that had compromises in it. What it says it says; what it doesn't say it doesn't say."

"I don't agree we are in an era of narrow constitutional interpretation. There are still sweeping decisions out there," Scalia added.

"Roe v. Wade is one. There is nothing in the Constitution about the right to abortion," the associate justice explained.

Scalia said that he also supports the notion that state legislatures should be allowed to make laws because they are closer to the people. That state's rights argument has long been extended towards overturning Roe v. Wade.

"To the extent you believe judges have the right to change law then you are in the soup," he argued, according to The Bulletin.

"Why would you think nine people, much less nine lawyers, are likely to come to a more accurate reflection of current mores than our legislators?"


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Extended News; News/Current Events
KEYWORDS: abortion; antoninscalia; moralabsolutes; prolife; scotus
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"Why would you think nine people, much less nine lawyers, are likely to come to a more accurate reflection of current mores than our legislators?"

Great point!

1 posted on 10/17/2007 3:25:34 PM PDT by wagglebee
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To: cgk; Coleus; cpforlife.org; narses; 8mmMauser

Pro-Life Ping


2 posted on 10/17/2007 3:26:16 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: 230FMJ; 49th; 50mm; 69ConvertibleFirebird; Aleighanne; Alexander Rubin; An American In Dairyland; ..
Moral Absolutes Ping!

Freepmail wagglebee or little jeremiah to subscribe or unsubscribe from the moral absolutes ping list.

FreeRepublic moral absolutes keyword search
[ Add keyword moral absolutes to flag FR articles to this ping list ]


3 posted on 10/17/2007 3:26:37 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

If there’s a right to abortion in the constitution, then when was it ratified? Is there a record of the two-thirds roll call vote in both houses of Congress, and a list of the three-fourths of the states that ratified it?


4 posted on 10/17/2007 3:28:57 PM PDT by puroresu (Enjoy ASIAN CINEMA? See my Freeper page for recommendations (updated!).)
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To: wagglebee

Certainly a great human hero.


5 posted on 10/17/2007 3:29:15 PM PDT by Joe Boucher (An enemy of Islam)
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To: wagglebee

No kidding it’s not in there. The Constitution is not that long and complicated that one can’t read it.

For issues not mentioned in the Constitution, the states have the power to decide. How complicated is that? All these issues should go to the states (abortion, gay rights, etc)


6 posted on 10/17/2007 3:29:24 PM PDT by tips up
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To: wagglebee

I got slammed for saying this on here back in August. Finally, someone in government said it.


7 posted on 10/17/2007 3:29:55 PM PDT by darkangel82 (All right! Let's go Tribe!!)
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To: wagglebee
"Not everything you may care about is in the Constitution," he told the audience, according to a report in The Bulletin newspaper. "It is a legal document that had compromises in it. What it says it says; what it doesn't say it doesn't say."

This should be a footnote on every document the Federal Government releases, including money. States' Rights bump!
8 posted on 10/17/2007 3:35:55 PM PDT by AD from SpringBay (We have the government we allow and deserve.)
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To: wagglebee; JustAmy; mtngrl@vrwc; gracie1; Mama_Bear; jkphoto; notpoliticallycorewrecked; ...

Great remarks by Supreme Court Justice Antonin Scalia!!


9 posted on 10/17/2007 3:46:00 PM PDT by Jim Robinson (Our God-given unalienable rights are not open to debate, negotiation or compromise!)
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To: wagglebee

Hmmm.... seeing as how Rudy Giuliani actually supports a woman’s right to abortion as a constitutional right, I wonder how sincere is his pledge to appoint “strict constructionist” judges like Scalia?


10 posted on 10/17/2007 3:51:02 PM PDT by Jim Robinson (Our God-given unalienable rights are not open to debate, negotiation or compromise!)
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To: wagglebee

It’s the other way around. Article 5 says:

No person ...shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

We have deprived tens of millions of human lives in the past 30+ years


11 posted on 10/17/2007 3:51:56 PM PDT by eleni121 (+ En Touto Nika! By this sign conquer! + Constantine the Great)
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To: wagglebee

How can you exercise your right to life, liberty, and pursue happiness if you’ve been aborted? What Justice Scalia said needed to be said, very unfortunately.


12 posted on 10/17/2007 3:52:34 PM PDT by Old 300
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To: eleni121

Great point!


13 posted on 10/17/2007 3:52:52 PM PDT by Jim Robinson (Our God-given unalienable rights are not open to debate, negotiation or compromise!)
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To: wagglebee

Democracy (legislature) vs. aristocracy (judges, law lords) — take your pick.


14 posted on 10/17/2007 3:52:56 PM PDT by USFRIENDINVICTORIA
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To: wagglebee
"Roe v. Wade is one. There is nothing in the Constitution about the right to abortion," the associate justice explained.

One might argue that your right of privacy in your papers and property extended to a womans body. Ok. So then my right of privacy also should extend to the substances I put into my body, which means that all drug laws should be null and void.

Yeah. When pigs fly.

15 posted on 10/17/2007 3:53:55 PM PDT by narby
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To: Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...
While this is good news it is also true that Justice Scalia does not see the unborn as legal persons as understood in the Fourteenth Amendment.

Here is a sample of what IMO is critical reading:

No present or past Justice has ever taken the position that the unborn child is, or should be regarded as, a “person” as understood in the Fourteenth Amendment, including the late Justice White, perhaps the most eloquent critic of Roe v. Wade.

http://www.leaderu.com/ftissues/ft0211/opinion/linton.html

16 posted on 10/17/2007 3:54:44 PM PDT by cpforlife.org (A Catholic Respect Life Curriculum is available at KnightsForLife.org)
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To: wagglebee

Pro-life kudos to J. Scalia!


17 posted on 10/17/2007 3:59:22 PM PDT by Reagan Man (FUHGETTABOUTIT Rudy....... Conservatives don't vote for liberals!)
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To: Jim Robinson

Of course Dems and their fellow travelers will argue the definition of “person” just like the previous WH occupant argued the definition of sex.

Dems did the same with slaves back in the 1800s...


18 posted on 10/17/2007 4:00:03 PM PDT by eleni121 (+ En Touto Nika! By this sign conquer! + Constantine the Great)
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To: Jim Robinson

Rooty Toot wouldn’t recognize a strict constructionist if his life depended on it. He would appoint judges who “strictly” define the Constitution as “living and breathing” and probably outdated. The best we would get under him is someone along the lines of Sandra Day O’Connor, but more likely we would get another Souter.


19 posted on 10/17/2007 4:00:43 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: eleni121

Abortionists are denying life to 3500 Americans EVERY DAY.


20 posted on 10/17/2007 4:02:18 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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