Buffalo, NY — Supreme Court Justice Antonin Scalia, during a luncheon in Buffalo on March 13, re-emphasized his view that women don't have a constitutional right to an abortion.
“My votes in abortion cases have nothing to do with my pro-life views,” Scalia said after his speech at the Hyatt Regency Buffalo. “They have to do with the text of the Constitution. And there is nothing, nothing in the Constitution that guarantees the right to an abortion.”
At times flashing a prickly wit, Scalia also criticized the process for selecting new Supreme Court justices as being highly political today. And he defended the court's 5-4 decision in the 2000 presidential election that stopped ballot counting in Florida and handed victory to George W. Bush.
The recurring theme throughout Scalia's 40-minute speech, and in answers to audience questions, was the importance of a strict, limited interpretation of the Constitution.
“It says what it says, and it ought not to be twisted,” he said.
Scalia was appointed by President Ronald Reagan in 1986.
Judicial rulings must be based on their text, the authors' original intent or historical practice, he said.
In quoting George Bernard Shaw – using a phrase later appropriated by Robert F. Kennedy – Scalia said those who believe in judicial reshaping of the Constitution “dream things that never were.”
The appropriate way to deal with an issue that demands updating judicial precedent or the Constitution is by legislative action or, where appropriate, a constitutional amendment. “We have an enduring Constitution, not a living one,” Scalia said.
After his prepared remarks, Scalia took questions and delved into several hot-button issues.
He dismissed the idea that abortion is a constitutionally protected right, but he also said the Constitution doesn't explicitly prohibit abortions, either. He indicated the issue ultimately should be decided by a constitutional amendment.
The fight over abortion rights already is heating up, as pro-abortion groups dig in for a battle whenever Bush gets to make a Supreme Court appointment.
Picking up that theme, Scalia blamed the bitter political fights over court nominations on the belief that judges are free to rethink the Constitution. “Every time you're selecting a Supreme Court justice, you're conducting a mini-plebiscite on what the Constitution ought to mean,” he said.
(This article courtesy of Steven Ertelt and the Pro-Life Infonet email newsletter. For more information or to subscribe go to www.prolifeinfo.org or email infonet@prolifeinfo.org.)
