SCOTUS Scalia supports aborts

by SamCogar Fri Apr 25, 2008 4:54 am

WASHINGTON — The Constitution doesn't prohibit abortion any more than it allows it, Supreme Court Justice Antonin Scalia says in a television news interview to be broadcast Sunday.

Scalia told CBS News' "60 Minutes" that he may be conservative, but he is not biased on issues that come before the court. "I mean, I confess to being a social conservative, but it does not affect my views on cases," Scalia said in excerpts released Thursday.

"On the abortion thing, for example, if indeed I were ... trying to impose my own views, I would not only be opposed to Roe versus Wade, I would be in favor of the opposite view, which the anti-abortion people would like to see adopted, which is to interpret the Constitution to mean that a state must prohibit abortion," Scalia told correspondent Lesley Stahl.

"And you're against that?" Stahl asked.

Scalia replied, "Of course. There's nothing" (in the Constitution to support that view).

The interview is tied to the publication on Monday of a new book, "Making Your Case: the Art of Persuading Judges," that Scalia, 72, wrote with legal writing expert Bryan Garner.

http://www.foxnews.com/story/0,2933,352501,00.html

by **SheikBen** Fri Apr 25, 2008 10:51 am

I think Scalia's point is that judges should be interpreting the Constitution rather than rewriting it. As it has nothing to say on abortion, the matter, under the 10th amendment, belongs to the states.

Advocates of judicial restraint should universally welcome that interpretation.

One could read the protection of "life, liberty, and property" in the 14th amendment to be an anti-abortion provision, but the idea of confining the Constitution to what it actually says, as opposed to what you'd like it to say, is a wonderful one, indeed. I wish the liberal judges would extend the same courtesy as Scalia is.

SCOTUS Scalia supports aborts

SCOTUS Scalia supports aborts

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