Posted on 03/14/2002 5:50:19 AM PST by wwcc
Supreme Court Justice Antonin Scalia, during a luncheon in Buffalo on Wednesday, re-emphasized his view that women don't have a constitutional right to an abortion. His belief flies against the court's majority decision in the 1973 case Roe v. Wade, which found a constitutionally protected right of privacy that covers abortion.
"My votes in abortion cases have nothing to do with my pro-life views," Scalia said after his speech at the Hyatt Regency Buffalo. "They have to do with the text of the Constitution. And there is nothing, nothing in the Constitution that guarantees the right to an abortion."
At times flashing a prickly wit, Scalia also criticized the process for selecting new Supreme Court justices as being highly political today.
And he defended the court's 5-4 decision in the 2000 presidential election that stopped ballot counting in Florida and handed victory to George W. Bush.
The recurring theme throughout Scalia's 40-minute speech, and in answers to audience questions, was the importance of a strict, limited interpretation of the Constitution.
"It says what it says, and it ought not to be twisted," he said.
Scalia, who is the foremost conservative member of the Supreme Court, was appointed by President Ronald Reagan in 1986. .
Scalia devoted the bulk of his speech to the clauses in the First Amendment that ensure government may not restrict people's religious practices, nor impose religion on anyone.
Judicial rulings on those clauses - and the entire Constitution - must be based on their text, the authors' original intent or historical practice, he said.
In quoting George Bernard Shaw - using a phrase later appropriated by Robert F. Kennedy - Scalia said those who believe in judicial reshaping of the Constitution "dream things that never were."
The appropriate way to deal with an issue that demands updating judicial precedent or the Constitution is by legislative action or, where appropriate, a constitutional amendment.
"We have an enduring Constitution, not a living one," Scalia said.
After his prepared remarks, Scalia took questions and delved into several hot-button issues.
He dismissed the idea that abortion is a constitutionally protected right, but he also said the Constitution doesn't explicitly prohibit abortions, either. He indicated the issue ultimately should be decided by a constitutional amendment.
The fight over abortion rights already is heating up, as pro-choice groups dig in for a battle whenever Bush gets to make a Supreme Court appointment.
Picking up that theme, Scalia blamed the the bitter political fights over court nominations on the belief that judges are free to rethink the Constitution.
"Every time you're selecting a Supreme Court justice, you're conducting a mini-plebiscite on what the Constitution ought to mean," he said.
Scalia defended the court's decision in the 2000 balloting debacle, saying it properly returned authority in the matter to the Florida Legislature.
Organizers said 930 tickets were sold for the event, sponsored by the Chabad House of Western New York and the University at Buffalo Law School.
Duh.
I have often asked pro-aborts if they would kindly quote the text of the Constitution which guarantees the "right" to abortion. I have never had any takers.
America has become the Moloch of the world.
Just wanted to see that again. :-)
I reread my post 51 (to which you replied). I did no such thing.
Bovine excrement. The document means the same thing it always has. That you don't like it has absolutely no bearing on its meaning.
Wish in one hand, crap in the other and see which one fills up first.
Difficult, yes. Impossible, no. This sounds cliche, but with God, everything is possible. I firmly believe that prayer and action will reduce abortions. We may not see an end in sight ... you are right, even our churches are increasingly silent on abortion.
This doesn't mean that we don't continue the fight. We need to preserve the pro-life cause within our churches, educate the laity to be pro-life, encourage activism; elect pro-life leaders in order to help advance our goals legislatively, but know all the while that legislation alone, the court alone, will not stop abortion.
This isn't a battle to be one on one front. It is a multi-phased battle: the courts, legislation, the hearts and minds of the American people, the churches, everywhere.
But with the grace of God, we can succeed.
God bless!
Aren't you clever. Wish in one hand, defecate in the other, see which one fills up first. Happy?
Mmmmm. Burger.
You, quite evidently, are not since one "thought" appears to be your limit.
"Every time you're selecting a Supreme Court justice, you're conducting a mini-plebiscite on what the Constitution ought to mean,"
That's Justice Scalia. Since Supreme Court Justices are political appointees I interpret that to mean;
"Every time a political appointment is made the meaning of the document changes."
You call that "bovine excrement". So tell us what you think (dare I use that word when referring to your mental processes?) Scalia meant.
it's always been political-- and it's a good thing we don't elect these judges directly, or X42 could already be sitting up there with Hilly.
It seems to me human beings have never agreed about anything. The 5000 year history of jurisprudence, morality, rhetoric, economics, and social philosophy are an attempt to construct a society around that fact.
I would have thought the many religious wars fought over the "proper" interpretation of the Bible would have taught everyone that there is no "proper" interpretation. But no.
For me Islamic fundamentalists, who are nothing if not moral and religious absolutists, are primitive savages with a medievil view of the world. For you, it seems, their sin is believing in the wrong God.
If a man died of a heart attack immediately having sex with his second wife, and a child was conceived as a result of that act, I would expect that child would be regarded legally as the man's heir. If this is so, the argument you cite would be moot since the legal person who would become the heir might not exist in any meaningful sense at the time of the man's death.
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