WS>>U.S. SUPREME COURT JUSTICE SCALIA SEES NO ABORTION RIGHT IN CONSTITUTI

carl william spitzer iv cwsiv_2nd at JUNO.COM
Sun Jul 6 16:17:20 MDT 2003


          From:   Columbia   Christians   For   Life    <CCFL at sc
online.net>

          Supreme Court Justice Antonin Scalia, during a luncheon
          in Buffalo  on Wednesday,  re-emphasized his  view that
          women don't have a constitutional right to an abortion.

          U.S. Supreme Court Justice Antonin Scalia:
          "... there is nothing, nothing in the Constitution that
     guarantees the right to an abortion."

          www.buffalonews.com


          News Library

          SCALIA SEES NO ABORTION RIGHT IN CONSTITUTION


          by STEPHEN WATSON - News Staff Reporter
          The Buffalo News Inc.

          Supreme Court Justice Antonin Scalia, during a luncheon
     in  Buffalo on Wednesday, re-emphasized his view that  women
     don't have a constitutional=  right to an abortion.


          His belief flies against the court's majority  decision
     in the 1973 case Roe v. Wade, which found a constitutionally
     protected  right of privacy that covers 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 Flori-
     da 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  Con-
     stitution.

          "It says what it says, and it ought not to be twisted,"
     he said.  Scalia, who is the foremost conservative member of
     the Supreme Court, was appointed by President Ronald  Reagan
     in 1986.

          Scalia devoted the bulk of his speech to the clauses in
     the First Amendment that ensure government may not  restrict
     people's religious practices, nor impose religion on anyone.

          Judicial  rulings  on those clauses -- and  the  entire
     Constitution  -- 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 legis-
     lative action or, where appropriate, a constitutional amend-
     ment.

          "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  constitution-
     ally  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-choice groups dig in for a battle whenever Bush  gets
     to make a Supreme Court appointment.

          Picking up that theme, Scalia blamed the bitter politi-
     cal 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.

          Scalia  defended the court's decision in the 2000  bal-
     loting debacle, saying it properly returned authority in the
     matter to the Florida Legislature.

          Organizers  said 930 tickets were sold for  the  event,
     sponsored  by the Chabad House of Western New York  and  the
     University at Buffalo Law School.


          Before  leaving,  Scalia signed  autographs  under  the
     watchful eye of several U.S. marshals.

          He also signed a pocket copy of the Constitution for UB
     President  William  R.  Greiner, who praised  Scalia  as  an
     "incredible intellect."

          e-mail: swatson at buffnews.com

          MICHAEL GROLL/Buffalo News U.S. Supreme Court Justice
          Antonin Scalia's recurring theme was the importance  of
     a strict interpretation of the Constitution.


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          NOTE from Columbia Christians for Life:

          Contrary to Justice Scalia's view that the Constitution
     does  not  already prohibit abortions is the view  that  the
     Fifth Amendment to the U.S. Constitution does just that.

          On  September  4, 1999 at the  Presidential  Nominating
     Convention       of       the       Constitution       Party
     (www.constitutionparty.com)  in St. Louis, Missouri,  Presi-
     dential  Nominee  Howard Phillips stated in  his  acceptance
     speech:

          "...  on Day One, as President of the United States,  I
     will  officially  acknowledge the legal  personhood  of  the
     unborn child, and appoint - by recess appointment, if neces-
     sary  - new United States Attorneys who will make  it  their
     top  priority  to  work with state and  local  officials  in
     prosecuting  and closing down every abortuary  within  their
     jurisdictions."

          "In  plain  English,  the Constitution  of  the  United
     States  stipulates that 'No person shall ... be deprived  of
     life ... without due process of law'.  Every one of us is  a
     living, human person, endowed by Almighty God with an immor-
     tal soul, from the moment of fertilization until the  moment
     of  death.  That is why we vigorously oppose  euthanasia  as
     well as abortion."

          "We  will  end government-approved  abortion  and  stop
     subsidies to organizations which promote abortion.  We  will
     do this - not simply because this course is required by  our
     platform,  but more significantly because it is required  by
     the laws of God and the Constitution of the United States."

          "We  are the party which understands that the  question
     of  sovereignty is the basic issue to be resolved.   Law  is
     always the will of the Sovereign."

          "In our platform we recognize that the God Almighty  is
          not only our Creator, our Lord, and our Savior - He is
          also our Sovereign."



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