Justice Antonin Scalia Says Constitution Neither Allows Nor Bans Abortion

LifeNews.com ^ | April 24, 2008 | Steven Ertelt

[ovrtaxt]

It should also be noted, however, that Scalia is silent on the Declaration.

[Caleb1411]

"The reality is the Constitution doesn't address the subject at all," Scalia said of abortion. "It is one of the many subjects not in the Constitution which is therefore left to democracy."

"If you want the right to an abortion, persuade your fellow citizens it’s a good idea and pass a law. If you feel the other way, repeal the law," he said.

[TCats]

His opinion, while IMO well-reasoned, hinges on when life is deemed to commence and, from this, when Constitutional Protections inure.

[Sacajaweau]

What the Constitution DOES entitle one to is life...and once it begins...termination via abortion becomes murder.

It's a matter of stating a case properly.

[momincombatboots]

I just love the return of power to states! It also returns responsibility. If schools took a teenage girl across state lines to have an abortion because their state has abolished it....O what a happy day! The biggest lie in US History is that the civil war was fought over slavery. It was fought over states rights, and states lost. Time to regain that!

[DustyMoment]

It's a matter of stating a case properly.

While I agree with you, I won't downplay Scalia's opinion. He appears to have cracked the door open on the idea that a future review of Roe v. Wade could result in its being overturned.

[Blood of Tyrants]

In the preamble to the Constitution, it clearly states that the Constitution is written and adopted for ALL people and their posterity, i.e. their children yet to be born..

[TexasRedeye]

He appears to have cracked the door open on the idea that a future review of Roe v. Wade could result in its being overturned.

I am very sure that Roe v. Wade would be overturned! This issue belongs in the state court system. It is up to each and every to state to determine its own version of Roe v. Wade. The pro-abortionists would have to fight at each state for laws friendly to its cause. It would be longggggg and very expensive. Some would allow abortions - some would not. Right now, they have the Constitution "Penumbra" as defined by a one vote majority of SCOTUS to protect them - one issue instead of 50!

[TCats]

My point entirely.

[Mr Ramsbotham]

If the fetus is a human being, its life is protected by the Constitution.

[Mr Ramsbotham]

The biggest lie in US History is that the civil war was fought over slavery. It was fought over states rights, and states lost. Time to regain that!

Then maybe the southerners can get their slaves back.

[Old Teufel Hunden]

"What the Constitution DOES entitle one to is life...and once it begins...termination via abortion becomes murder."

While I agree with your sentiment, technically the guarantee of life is not in the constitution, but in the fifth amendment.

"nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law"

[nikos1121]

Is there anything in the constitution that prohibits or allows for murder?

What if for example, a state decides that anyone incapable of breathing on their own must have life support turned off, or that any baby with a deformity must be put to death. Does the constitution protect these people from the actions of the majority? I would think that our laws do, and let’s face it, there are states that have some pretty peculiar laws.

I’m against abortion, but feel that it should be decided by the states.

Don’t get me started... :-)

[FatherofFive]

What the Constitution DOES entitle one to is life...and once it begins...termination via abortion becomes murder.

That is exactly the point.

Bill Buckley asked what 'it' is that is being aborted, "a tomato?"

[nikos1121]

Of course, your argument cuts to the chase, but you’ll never convince some people that life begins at conception.

Leave it up to the states...and then the rest of us will decide where we live.

[nikos1121]

I heard something on TV last night I hope is not true. It said that the federal govt gave planned parenthood $300 million dollars last year? Surely, this cannot be true.

[Old Teufel Hunden]

"I am very sure that Roe v. Wade would be overturned! This issue belongs in the state court system. It is up to each and every to state to determine its own version of Roe v. Wade."

If you believe that life begins at conception, then the above statement is incorrect. The fifth amendment to the constitution says that citizens can only be deprived of life, liberty and property only through due process of law. Overturning Roe vs. Wade is only a good first step.

[tacticalogic]

What does or doesn’t constitute murder is left to the individual states.

[Daveinyork]

I agree. Murder punishments, and definitions, are currently handled by the states. It’s where abortion legality should be decided. Roe v. Wade took that power away from the states.