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To: tpaine
Scalia sees no abortion right in Constitution 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."

"It says what it says, and it ought not to be twisted," he said.

Judicial rulings on those clauses - and the entire Constitution - must be based on their text, the authors' original intent or historical practice, he said.

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.

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.

46 posted on 03/01/2003 8:40:09 AM PST by Remedy
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To: Remedy
"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."

"It says what it says, and it ought not to be twisted," he said.

Judicial rulings on those clauses - and the entire Constitution - must be based on their text, the authors' original intent or historical practice, he said.
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.

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.
46 po

No, he said:

-- "there is nothing, nothing in the Constitution that guarantees the right to an abortion." -- Just as there is there is nothing in the Constitution that can ~prohibit~ the right to an abortion.

~If~, big if, -- an abortion prohibition amendment were rarified, - it would be about as effective as alcohol prohibition. I realise you people don't care about whether the constitution is honored, but how many prohibitory 'wars' -- [guns/drugs/porn/smoking/seatbelts/etc] -- can be fought against scofflaws before this country is torn apart?


48 posted on 03/01/2003 1:02:20 PM PST by tpaine
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