OMG Scalia comes out of the closet!!!

[Perky]

ERR so to speak.


ORANGE, California (AP) -- U.S. Supreme Court Justice Antonin Scalia blasted what he called "judge moralists" and the infusion of politics into judicial appointments Monday after joining law students in a re-enactment of a 100-year-old landmark case.

Speaking before a packed auditorium at Chapman University, Scalia said he was saddened to see the Supreme Court deciding moral issues not addressed in the Constitution, such as abortion, gay rights and the death penalty. He said such questions should be settled by Congress or state legislatures beholden to the people.

"I am questioning the propriety -- indeed, the sanity -- of having a value-laden decision such as this made for the entire society ... by unelected judges," he said.

Scalia also railed against the principle of the "living Constitution," saying it has led the Senate to try to appoint so-called politically "moderate" judges instead of focusing on professional credentials and ability.

<snip>

http://www.cnn.com/2005/LAW/08/30/scalia.re.enactment.ap/index.html

This is REALLLLY interesting.

He would seems not to be saying there is no right to right to privacy...but that it is COngress's responsibility not an unelected Scotus to figure it out.

Even more interesting is the how this plays against the Congressional prerogative vis-avis the commerce clause.


THe most fascinating thin to me is that this a week before the Roberts hearing.

It give everyone the right to ask the important questions everyone is dying to know.

[DURHAM D]

1. Sounds like the same RNC talking points that Phyllis Schaffley

used on Bill Maher Friday before last.

[Perky]

2. I think you miss the point

He basically said it is not Scotus's resposnibility. He slapped COngress for not doing his job.

No COngress in their right mind is ever going to outright Ban a right to choose. because they would assuredly be voted out of office.

[GoneOffShore]

3. Scalia forgets the Ninth Amendment

conveniently.