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March 15, 2005

Give ’em hell, Tony

Supreme Court Justice Antonin Scalia vents about the problem most of us also see as destroying the nation:

In a 35-minute speech Monday, Scalia said unelected judges have no place deciding issues such as abortion and the death penalty. The court's 5-4 ruling March 1 to outlaw the juvenile death penalty based on "evolving notions of decency" was simply a mask for the personal policy preferences of the five-member majority, he said.

"If you think aficionados of a living Constitution want to bring you flexibility, think again," Scalia told an audience at the Woodrow Wilson Center, a Washington think tank. "You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility." 

"Why in the world would you have it interpreted by nine lawyers?" he said. 

Scalia, who has been mentioned as a possible chief justice nominee should Chief Justice William Rehnquist retire, outlined his judicial philosophy of interpreting the Constitution according to its text, as understood at the time it was adopted. 

Citing the example of abortion, he said unelected justices too often choose to read new rights into the Constitution, at the expense of the democratic process. 

"Abortion is off the democratic stage. Prohibiting it is unconstitutional, now and forever, coast to coast, until I guess we amend the Constitution," said Scalia, who was appointed to the court by President Reagan in 1986.

Watch this be used against him by Liberals. There's some unwritten law Liberals support that says judges should do their politicking only from the bench. Of course we Conservatives would much rather judges speak their mind off the bench, and stick with the Constitution on the bench.

Coverage: Outside the Beltway, PoliBlog

Posted by Danny Carlton at March 15, 2005 09:21 AM

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