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Monday, April 18, 2005

Justice Scalia's Common Sense

--posted by Tony Garcia on 4/18/2005

H/T Bogus Gold.

Since the article from the Strib was so short I am just putting it here.
LEXINGTON, Va. — Supreme Court Justice Antonin Scalia criticized judges who believe the Constitution should be reinterpreted as society changes, saying that philosophy allows courts to bend the law to suit a political agenda.

Scalia also said increasing partisanship among judges was one reason why the Senate questions judicial nominations about their personal views on issues such as abortion and confirms only candidates regarded as "moderate.''

"A moderate judge or justice is what most people like,'' Scalia said, but judges' personal views should not matter since judges are responsible for upholding the law.

Scalia, speaking Friday at Washington and Lee University, argued that judges too often read rights into the Constitution on issues such as abortion and assisted suicide at the expense of the democratic process.

"It's making our system more rigid, not more flexible. It's simply irrational,'' Scalia said.

He called himself and Justice Clarence Thomas the only two "originalists'' on the high court. He said his "originalist'' philosophy is not a conservative-versus-liberal issue, adding, "Conservatives are just as willing to distort the original meaning of the Constitution as liberals.''

Scalia noted that when the populace supported giving women the right to vote, Congress passed the 19th Amendment. He said judges now will read a new voting right into the Constitution's equal-protection clause.

"You know if that came up today, we would not amend the Constitution,'' he said.


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