Scalia Slams Juvenile Death Penalty Ruling

AP / Yahoo ^ | Hope Yen

[Logos124]

WASHINGTON - Justice Antonin Scalia (news - web sites) criticized the Supreme Court's recent decision to strike down the juvenile death penalty, calling it the latest example of politics on the court that has made judicial nominations an increasingly bitter process.

[NRA1995]

Uhhhhhh.....headline needs to match the story

[Dog Gone]

Fake headline.

[boofus]

Powers not enumerated for the federal government or reserved for the states belong to the people.

What part of the Constitution says the Fed govt can regulate abortion?

[the invisib1e hand]

what sucks about this is that Scalia's comments are "news." Rather, the media portrays them as "news," as though they are somehow unusual. Yet anyone faithful to the constitution would reach the same conclusions.

msm-non-event alert.

[San Jacinto]

What's up with the phony headline?

[Logos124]

His comments on the constitutionality of abortion are a little more important than the headline of the piece.

[Frank_Discussion]

Isn't murder a federal crime?

[KC Burke]

I almost get the impression that you don't understand what he is saying.

[Leatherneck_MT]

What part of the Constitution says the Fed govt can regulate abortion?

No part

[cweese]

Posting threads with the correct headline prevents duplicate posts.

[Little Ray]

He said no such thing.

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.

[The Ghost of FReepers Past]

Amendment V: "No person shall... be deprived of life, liberty, or property, without due process of law..."

Still, I would settle for making it a state issue.

[Melas]

No, with the exception of some jurisdictional issues, murder is a state crime.

[Logos124]

I understand completely what he is saying, and agree with it. What I find interesting is that most conservitives in this country seem to think that if President Bush can nominate one more conservitive to the bench, then abortion will be outlawed. This is not true and I admire that Justice Scalia is able to seperate what his personal opinions are from what the constitution allows. We need more judges like him

[JohnnyZ]

The relevant quote was a little ambiguous.

Scalia either meant that the right to life for unborn children is not in the constitution (nor of course is the "right to choose") and therefore it won't be until the constitution is amended.

Or that judges have taken abortion out of the democratic process and made prohibiting abortion unconstitutional, and that won't change until the constitution is amended.

[El Gato]

Fake headline.

Poorly written, misleading, and not the original, but the Justice did say that. Of course what he meant was that outlawing abortion is effectively unconstitutional due to the Supreme Court ruling(s), but he clearly disagrees that such a ruling was proper, or based on the Constitution as written. He explicitly criticizes the notion of a "Living Constitution.

[John Lenin]

Hit n Run eh ? Nice fake headline.

[Ditto]

Isn't murder a federal crime?

Only the murder of certain "covered" federal employees/elected officials.

[Cboldt]

I think the correct way to interpret Scalia's comment is that given the state of Constitutional Law, as created by a rouge Supreme Court that makes stuff up as it goes along, no state can now make abortion illegal. However, if the Supreme Court hadn't over-reached its power, then a state could make abortion illegal.

That is, the "Constitutionality" of the issue is a reference to the Supreme Court's interpretation of the Constitution, and Scalia thinks the Supreme Court is WRONG. He goes on to note that it is also PROUD, and will not reverse itself, hence the need for a Constitutional Amendment.