Someday, the ProLife supporters will find to their horror that the abortion issue can't be solved by simply appointing enough conservatives Supreme Court Justices to overturn Roe v Wade and making abortion illegal!
One group who will not welcome that eventuality is congressional Republicans who were only too eager to serve as the recipients of ProLife support but also been accused of "slow-walking" when it came to implementing their program when it impinged on the securing the wider majority!
Even such conservative icons as Justice Scalia was concerned as to the adverse influence the abortion issue was having on "politicizing" the Supreme Court and that it was an issue that should be decided by the states!
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Scalia's concurrence in Webster v. Reproductive Health Services, 1989:
"We can now look forward to at least another Term with carts full of mail from the public, and streets full of demonstrators, urging us their unelected and life-tenured judges who have been awarded those extraordinary, undemocratic characteristics precisely in order that we might follow the law despite the popular will to follow the popular will.
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Scalia's partial concurrence in Planned Parenthood v. Casey, 1992:
"The States may, if they wish, permit abortion on demand, but the Constitution does not require them to do so. The permissibility of abortion, and the limitations upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting. ...
"Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of Justices to this Court in particular, ever since. And by keeping us in the abortion umpiring business, it is the perpetuation of that disruption, rather than of any pax Roeana, that the Court's new majority decrees."
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Scalia's remarks at the Mississippi College School of Law in 2010 about the selective use of international law as precedent:
"I will become a believer in the ingenuousness, though never the propriety, of the Courts newfound respect for the wisdom of foreign minds when it applies that wisdom in the abortion cases."
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Scaloa favors relegating abortion to the states, Call for Reckoning - Pew Forum conference
My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter.
5 colorful quotes from Scalia on abortion
One group who will not welcome that eventuality is congressional Republicans who were only too eager to serve as the recipients of ProLife support but also been accused of "slow-walking" when it came to implementing their program when it impinged on the securing the wider majority!
Even such conservative icons as Justice Scalia was concerned as to the adverse influence the abortion issue was having on "politicizing" the Supreme Court and that it was an issue that should be decided by the states!
*********************************************************************************************************
Scalia's concurrence in Webster v. Reproductive Health Services, 1989:
"We can now look forward to at least another Term with carts full of mail from the public, and streets full of demonstrators, urging us their unelected and life-tenured judges who have been awarded those extraordinary, undemocratic characteristics precisely in order that we might follow the law despite the popular will to follow the popular will.
*********************************************************************************************************
Scalia's partial concurrence in Planned Parenthood v. Casey, 1992:
"The States may, if they wish, permit abortion on demand, but the Constitution does not require them to do so. The permissibility of abortion, and the limitations upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting. ...
"Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of Justices to this Court in particular, ever since. And by keeping us in the abortion umpiring business, it is the perpetuation of that disruption, rather than of any pax Roeana, that the Court's new majority decrees."
*********************************************************************************************************
Scalia's remarks at the Mississippi College School of Law in 2010 about the selective use of international law as precedent:
"I will become a believer in the ingenuousness, though never the propriety, of the Courts newfound respect for the wisdom of foreign minds when it applies that wisdom in the abortion cases."
*********************************************************************************************************
Scaloa favors relegating abortion to the states, Call for Reckoning - Pew Forum conference
My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter.
5 colorful quotes from Scalia on abortion
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