Capitol Hill Blue is a not-for-profit, non-commercial experiment in on-line journalism published as an information resource for our readers. All material is © 2006 Capitol Hill Blue. For more information, please check out our FAQ. We take your privacy seriously at Capitol Hill Blue.
Home / The Rant / ReaderRant

The Supremes


Scalia: Judges not qualified to make moral judgments
By Staff and Wire Reports
Mar 15, 2006, 23:49
Email this article
 
Printer friendly page

Supreme Court Justice Antonin Scalia railed against the era of the "judge-moralist," saying judges are no better qualified than "Joe Sixpack" to decide moral questions such as abortion and gay marriage.

"Anyone who thinks the country's most prominent lawyers reflect the views of the people needs a reality check," he said during a speech to New England School of Law students and faculty at a Law Day banquet on Wednesday night.

The 70-year-old justice said the public, through elected legislatures _ not the courts _ should decide watershed questions such as the legality of abortion.

Scalia decried his own court's recent overturning of a state anti-sodomy law, joking that he personally believes "sexual orgies eliminate tension and ought to be encouraged," but said a panel of judges is not inherently qualified to determine the morality of such behavior.

He pointed to the granting of voting rights to women in 1920 through a constitutional amendment as the proper way for a democracy to fundamentally change its laws.

"Judicial hegemony" has replaced the public's right to decide important moral questions, he said. Instead, he said, politics has been injected in large doses to the process of nominating and confirming federal judges.

Scalia has made similar, if less strident, comments during past public appearances.

The jurist, well-known as a strict constructionist in his interpretation of the Constitution, opened his remarks by saying, "I brought three speeches, and I decided to give the most provocative one, because this seems to be too happy a crowd."


Copyright © 2006 Capitol Hill Blue. All rights reserved


We welcome reader comments:
Discuss this story and other issues in ReaderRant.



Top of Page

The Supremes
Latest Headlines

Scalia lives large at taxpayer expense
Supremes bitch-slap Bush again
Different court, same hot button issues
O'Connor sidesteps domestic wiretap issue
Ginsburg: Republicans launch assault on federal courts
Supremes appear unhappy with Bush's war powers abuses
Supremes examine Bush's war powers
General want Scalia off Gitmo case
Supremes may curtail Bush's wartime powers
Supremes limit police searches