They differ because Thomas understands the underlying philosophy of Natural Law Theory and inalienable rights which come from God and is consistent in his thinking which is VERY logical....since logic originated in the laws of nature.
Scalia has “reasoned” that abortion rights can be “voted” on by states. THAT would be Constitutional????? Never, not with the understanding of inalienable rights—made so clear in our constitution and by Natural Law Theory....which says that inalienable rights can NEVER be given away or taken away. NEVER.
This fundamental meaning of our Constitution is destroying the very Rule of Law and creating man made-up laws not based on God’s law and the laws of nature....so we get all bizarre sort of “reasoning” like two men can “marry”. Such idiocy (and unconstitutional) is the thinking of Scalia at times.
Natural Rights of human beings can never be voted away like in Nazi Germany and Stalin’s Gulags. Our laws believe in a Supreme Law—Objective Truth. To deny God, is to deny that we have Natural Rights.
Right Reason according to Nature (God’s Law) is the basis of all Just Law in the US—or should be....we have seen very irrational things (Marxism) codified into laws here though.
Supra Positive Law==which exists in the US can declare these “null and void” and should if we were operating under the Constitution of the US instead of the USSR which established a separation of God and State.
Does a vandal who is caught by a homeowner in the middle of the night have a right to remain alive? Some states would say yes; at least one would say no.
If a state legislature were to provide that a pregnant woman could claim "self defense" when terminating her pregnancy if it posed any risk to her well-being, and were to set the required standard of proof so low that almost any pregnancy would qualify, what basis would the federal government have for questioning the judgment of the legislature? Clearly there is some level of risk where a woman would be justified in ending a pregnancy; what would give the federal government the authority to decide where that line should be drawn?