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October 16, 2006

This is why we have a Supreme Court

Posted by: Brian — October 16, 2006 at 9:13 pm

Image AntoninScalia.jpgJustice Antonin Scalia in a recent televised debate with ACLU president Nadine Strossen argued persuasively for the seemingly lost concept that the job of the Supreme Court is not to decide controversial political and social issues, but to (shocker!) interpret the Constitution. 

Scalia in the past has criticized the 1973 Roe v Wade abortion decision as "bad law" and argued the Court's 1990 decision that allowing defendants to testify via closed circuit TV (thus circumventing the "confrontation clause" of the Sixth Amendment) was "bowing to public opinion".  During the television program, Scalia said, "On controversial issues on stuff like homosexual rights, abortion, we debate with each other and persuade each other and vote on it either through representatives or a constitutional amendment, …Whether it's good or bad is not my job. My job is simply to say if those things you find desirable are contained in the Constitution."
Imagine that, a Justice that recognizes his job is to interpret, not to make things up.

Scalia says Constitution silent on abortion, race in school - CNN.com

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