Wednesday, March 5, 2008

Supreme Court Justice Antonin Scalia: Abortion Isn't Found in the Constitution

Warrensburg, MO ( -- Supreme Court Associate Justice Antonin Scalia spoke to students at the University of Central Missouri on Tuesday night and told them that abortion isn't found in the Constitution. He also indicated he would be lucky to get 60 votes in today's political climate where abortion rules how senators vote on judicial confirmations.

"The reality is the Constitution doesn't address the subject at all," Scalia said of abortion. "It is one of the many subjects not in the Constitution which is therefore left to democracy."

"If you want the right to an abortion, persuade your fellow citizens it’s a good idea and pass a law. If you feel the other way, repeal the law," he said, according to a Columbia Tribune report.

According to the newspaper, Scalia rejected the pro-abortion notion that the founding document is a "living Constitution," that is supposed to change with the times rather than guarantee ironclad rules and legal principles.

He also rejected the idea that the Supreme Court is bound by precedent -- such as in the Dred Scott or Roe v. Wade cases.

"For me, perhaps most important of all, does the precedent allow me to function as a lawyer, which is what a judge is supposed to do?" he asked.

The Tribune indicated Scalia said he's frustrated by the over-politicized climate that surrounds the nomination and approval of judges.

"I couldn't get 60 votes today because the people, representatives in Congress, want to pick somebody who will write the constitution we want," he said.

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