Archive for Antonin Scalia

Supreme Court Justice Antonin Scalia on abortion and international law

Posted in Abortion, Anti-abortion, Constitution, International Law, Politics, pro-choice, Pro-Life, Supreme Court with tags , , , , , , , , on January 13, 2010 by saynsumthn

Supreme Court Justice Antonin Scalia argues that the people of a democracy, not judges, should bear the responsibility to decide on issues of natural law like abortion and sodomy. “Why are judges experts on these questions?” he asks. “In democratic political institutions, it’s up to the people to decide what they think natural law demands.”

Scalia, “Women have a natural right to abortion”.” fine, say that in a political campaign, then put it to a vote !”

And just last week, in a speech in Mississippi, Scalia noted, “If there was any thought absolutely foreign to the founders of our country, surely it was the notion that we Americans should be governed the way Europeans are. I dare say that few of us here would want our life or liberty subject to the disposition of French or Italian criminal justice — not because those systems are unjust — but because we think ours is better.”

He said American judges who advocate use of international law in their rulings do it selectively, such as nations who have widely differing views on whether abortion is legal.

I will become a believer in the ingenuousness, though never the propriety, of the Court’s newfound respect for the wisdom of foreign of wisdom minds when it applies that wisdom in the abortion cases,” Scalia said.

Scalia is one of the leading proponents of originalism, a doctrine holding that courts should interpret the U.S. Constitution as people living at the time of its writing would have.

Scalia also said that he was worried by a mounting trend of appointing career judges to the judiciary

I worry about our not having people of a lot of different experiences, especially with substantial legal practice,” Scalia added. “More and more people practice for a couple years, then they become a minor state court judge and they stay in the judiciary the rest of their career. You can have some people like that, but if our whole judiciary becomes like that, we’re going to become European. I may as well move to France.”

Scalia made the statements Monday to about 600 people at the First Baptist Church of Jackson during a luncheon sponsored by the Mississippi College School of Law.