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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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To: cpforlife.org
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

They will sure have a hard time explaining that to God....

Jeremiah 1:5

5 "Before I formed you in the womb I knew [a] you, before you were born I set you apart; I appointed you as a prophet to the nations."

21 posted on 10/17/2007 4:05:13 PM PDT by LaineyDee (Don't mess with Texas wimmen!)
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To: wagglebee
"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?"

I hope he doesn't apply that reasoning to Parker v D.C., the Second Amendment case the Court will hear.

22 posted on 10/17/2007 4:08:06 PM PDT by Ken H
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To: Ken H

No, Scalia is very clear on the fact that the Second Amendment means EXACTLY what it says.


23 posted on 10/17/2007 4:09:22 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

The difference between Scalia and his detractors is not over the concepts of either “judicial independence” or “judicial review”.

But, unlike some others on the SCOTUS, Scalia would tell you that in his jurisprudence he acknowledges that he does not have the right to AMEND the Constitution to make it say what he wants it to say simply because he thinks he (or the South African supreme court) can say it better than it is said in the Constitution.

We do not have “freedom of speech”, a woman’s right to vote or the end of slavery acknowledged in the Constitution on the basis that some Supreme Court Judges decided they belong there - even though we may all think those are good things. They entered the Constitution when we the people placed those things there in amendments.

When judges think they can write new “rights” into the Constitution - because they think it is a better idea - then by the same abrogation of a right that belongs only to us - to amend the Constitution - they obtain the power to throw out our rights that HAVE been written there - and they do (campaign finance reform, eminent domain, etc.)

Scalia understands this.

A SCOTUS that actually believes in the independence of the judiciary would know that its primary client is not the latest “popular” “rights” agenda, but the Constitution, preserving the application of it as it has been produced, buy the people. A politically “independent” judiciary would have told Congress - on the Campaign Finance Reform issue - that if they wanted to abrogate the First Amendment, to exclude political speech, they’d have to get the Constitution amended. Instead, many on the court treat it as another political body, as an unelected super-legislature, re-writing the Constitution from the bench, one ruling at a time.


24 posted on 10/17/2007 4:12:07 PM PDT by Wuli
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To: wagglebee

And Scalia is the type of person Rudi will nominate to fill any vacancies on the Supreme Court! I hope Dr. Dobson finally understands what Rudi means when he uses Scalia as a role model, unless he wants a pro-abortion justice appointed by Hildabeast.


25 posted on 10/17/2007 4:12:44 PM PDT by GreyFriar ( 3rd Armored Division - Spearhead)
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To: wagglebee
Scalia said that he also supports the notion that state legislatures should be allowed to make laws because they are closer to the people.

Someone in Washington actually has Constitutionally focused common sense???

I think I'm in love politically! : - )

26 posted on 10/17/2007 4:15:46 PM PDT by EGPWS (Trust in God, question everyone else)
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To: wagglebee; Jim Robinson
Rooty Toot wouldn’t recognize a strict constructionist if his life depended on it.

He would shun and show disdain for a strict constructionist if his political career depended upon it however.

27 posted on 10/17/2007 4:19:00 PM PDT by EGPWS (Trust in God, question everyone else)
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To: GreyFriar; Jim Robinson
And Scalia is the type of person Rudi will nominate to fill any vacancies on the Supreme Court!

LMAO!!!

The ONLY thing that Justice Scalia and Rooty Toots have, or ever will have, in common is that they are both Italian Americans. Rooty is no more likely to appoint a strict constructionist than Hillary is. Thankfully, neither of them will ever get the chance.

28 posted on 10/17/2007 4:19:18 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

BTTT


29 posted on 10/17/2007 4:19:24 PM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: EGPWS

Rooty has spent his entire career shunning and showing disdain for everyone who believes in the strict interpretation of the Constitution.


30 posted on 10/17/2007 4:20:51 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
Amendment IX - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

31 posted on 10/17/2007 4:21:31 PM PDT by nosofar
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To: wagglebee
Rooty has spent his entire career shunning and showing disdain for everyone who believes in the strict interpretation of the Constitution.

Rooty's a Democrat in RINO's clothing.

32 posted on 10/17/2007 4:24:24 PM PDT by EGPWS (Trust in God, question everyone else)
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To: wagglebee

Amen brother.

We love ya!


33 posted on 10/17/2007 4:26:28 PM PDT by wardaddy (Behind the lines in Vichy Nashville)
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To: GreyFriar

You and he are both liars.


34 posted on 10/17/2007 4:26:57 PM PDT by Jim Robinson (Our God-given unalienable rights are not open to debate, negotiation or compromise!)
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To: Jim Robinson

Originalist os Constructionist? I know Rooty said “Constructionalist. Originalist would be my choice.


35 posted on 10/17/2007 4:29:42 PM PDT by afnamvet
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To: afnamvet

Mine too.


36 posted on 10/17/2007 4:30:30 PM PDT by Jim Robinson (Our God-given unalienable rights are not open to debate, negotiation or compromise!)
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To: EGPWS
Rooty's a Democrat in RINO's clothing.

Except when he's in drag!

37 posted on 10/17/2007 4:31:18 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: nosofar
Spreading it to the blogs.
38 posted on 10/17/2007 4:33:03 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: puroresu

I believe it immediately follows the part that states that there is a “wall” between church and state;)


39 posted on 10/17/2007 4:33:32 PM PDT by isrul (Lamentations 5:2)
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To: wagglebee

“Why would you think nine people, much less nine lawyers...

WHO ARE UNELECTED AND WHO HAVE LIFETIME APPOINTMENTS AND THUS NO NEED TO WORRY ABOUT SERVING THE PEOPLE...


40 posted on 10/17/2007 4:33:48 PM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
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