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View Full Version : Scalia blasts 'judge moralists'



Gan
08-30-2005, 05:28 PM
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.

"Now the Senate is looking for moderate judges, mainstream judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?" he said, to laughter and applause.

Scalia didn't make any direct references to the looming confirmation battle for Supreme Court nominee John Roberts, but he did allude to it.

"Each year the conflict over judicial appointments has grown more intense," he said. "One is tempted to shield his eyes from the upcoming spectacle."

(more at the below link)
http://www.cnn.com/2005/LAW/08/30/scalia.re.enactment.ap/index.html
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I couldnt agree more. I guess this is where I dont see eye to eye with my more 'right winged' Republican associates. I guess I'm just not a fan or organized religion or what its evolved into. I think it deserves a lot of credit for what it has inspired with regards to the founding of our country; however, I think each person deserves the freedom to be as involved as they choose to be (not just which religion they choose to participate in as constitutionally interpreted), not as society or our politicians choose us to be. Perhaps I just have an authority complex when it comes to that. :shrug:

[Edited on 8-30-2005 by Ganalon]

4a6c1
08-30-2005, 05:40 PM
Awesome.

Agreed.

[Edited on 8-30-2005 by JihnasSpirit]

Warriorbird
08-30-2005, 09:53 PM
Eh.

On one hand, I am for states rights. On the other hand, his record is not exactly matching his statement.

Gan
08-30-2005, 10:00 PM
I think it applies directly to his views of originalism.

Keller
08-30-2005, 10:18 PM
In my week and a half of law school I find myself having a TON of respect for Scalia. Of the handful of recent Supreme Court cases we've dealt with I find Scalia's opinions to be the most practical, cogent, and articulate.

This only reinforced my growing admiration. A moderate interpretation is "halfway between what the constitution says and what we'd like it to say." That's classic.

KraizMaule
08-31-2005, 11:42 PM
Darn straight. The man's brilliant, when you look at his career and what he's doing now. We need more like him.