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Scalia sees no abortion right in Constitution
Buffalo News ^ | 03/14/2002 | STEPHEN WATSON

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.


TOPICS: Culture/Society
KEYWORDS: abortion; sasu
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To: wwcc
"...there is nothing, nothing in the Constitution that guarantees the right to an abortion."

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.

61 posted on 03/14/2002 11:00:10 AM PST by Skooz
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To: Gophack
It will be a difficult if not impossible goal. The liberal, atheistic, Constitutional revisionist, if-it-feels-good-do-it-crowd have convinced many American women, and even some American men - and a good many of those are Catholics and Protestants whose very religion opposes such practise - that it is a "right" for a woman to murder the life within her.

America has become the Moloch of the world.

62 posted on 03/14/2002 11:08:55 AM PST by ZULU
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To: krb
Grrrrrr...it was the 7-2 decision that branded what the Floriduh Supremes were doing as unconstitutional that sealed Gore's fate, not the 5-4 ruling stopping the selective hand counts.

Just wanted to see that again. :-)

63 posted on 03/14/2002 11:11:01 AM PST by scripter
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To: BlackElk
Theodore Roosevelt, so far as I know him, is a truly heroic figure. It was not my intention to slight him in any way. Oliver Wendall Holmes is generally regarded as one of our great Chief Justices, as is John Marshall - whom you fail to mention. Whether you agree with that assessment or not is beside the point. Both felt that the Constituion - and morality - were molded by the people of the day, not set in stone. By virtue of their position they made their beliefs a reality.
64 posted on 03/14/2002 11:32:53 AM PST by liberallarry
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To: BlackElk
You fail in identifying the VIEWS of Holmes with the presumed VIEWS of Theodore Roosevelt to give TR the credit he deserves

I reread my post 51 (to which you replied). I did no such thing.

65 posted on 03/14/2002 11:36:42 AM PST by liberallarry
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To: BlackElk
I refer you to "Theodore Rex" by Edmund Morris for a good exposition of the positions of Holmes, Roosevelt, and the Republicans of the time.
66 posted on 03/14/2002 11:43:24 AM PST by liberallarry
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To: liberallarry
...a statement of the political realities which reveal that the Constitution is in fact a living document. Every time a political appointment is made the meaning of the document changes.

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.

67 posted on 03/14/2002 11:46:41 AM PST by hopespringseternal
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To: Lurking Libertarian
Yes, Burger. Warren was the one that removed prayer from schools.
68 posted on 03/14/2002 11:52:56 AM PST by exmarine
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To: hopespringseternal
You shown you can curse. Now show you can think.
69 posted on 03/14/2002 11:56:24 AM PST by liberallarry
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To: ZULU
It will be a difficult if not impossible goal.

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!

70 posted on 03/14/2002 11:59:25 AM PST by Gophack
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To: liberallarry
You shown you can curse. Now show you can think.

Aren't you clever. Wish in one hand, defecate in the other, see which one fills up first. Happy?

71 posted on 03/14/2002 12:10:09 PM PST by hopespringseternal
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To: Lurking Libertarian
The Burger Court is what you mean.

Mmmmm. Burger.

72 posted on 03/14/2002 12:10:42 PM PST by BibleBaseballBarbecue
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To: hopespringseternal
Aren't you clever.

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.

73 posted on 03/14/2002 12:26:28 PM PST by liberallarry
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To: Khepera
Bumping!
74 posted on 03/14/2002 12:30:15 PM PST by Brad’s Gramma
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To: liberallarry
Olivery Wendell Holmes' and his ilk worked directly against original intent of the founders. For the first 100 years of this nation, William Blackstone provided the base principles of law in America. When it switched to Holmes, relativism took over. Oliver Wendell Holmes is only a hero to the godless relativists.
75 posted on 03/14/2002 1:19:52 PM PST by exmarine
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To: wwcc
criticized the process for selecting new Supreme Court justices as being highly political today

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.

76 posted on 03/14/2002 1:26:41 PM PST by let freedom sing
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To: exmarine
The first exponent of the Constitution as a living document was Chief Justice John Marshall ruling in 1803 in Marbury vs. Madison. He knew well the founders and their philosophy. His ruling was, and still is, generally thought to be a work of genius.

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.

77 posted on 03/14/2002 1:31:53 PM PST by liberallarry
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To: antaresequity
If a women is a joint benificiary with her unborn child to an estate, would aborting the child be murder for financial gain...

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.

78 posted on 03/14/2002 8:57:50 PM PST by supercat
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To: scripter
:-)
79 posted on 03/14/2002 9:32:35 PM PST by krb
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To: wwcc
Now I'd support cloning this man.
80 posted on 03/14/2002 9:34:32 PM PST by wattsmag2
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