Justice Scalia: Abortion Not Prohibited in Constitution

Spencer Collins · #1 (**permalink**) 04-24-2008, 04:27 PM

Justice Scalia: Abortion Not Prohibited in Constitution

WASHINGTON — The Constitution doesn't prohibit abortion any more than it allows it, Supreme Court Justice Antonin Scalia says in a television news interview to be broadcast Sunday.

Scalia told CBS News' "60 Minutes" that he may be conservative, but he is not biased on issues that come before the court. "I mean, I confess to being a social conservative, but it does not affect my views on cases," Scalia said in excerpts released Thursday.

"On the abortion thing, for example, if indeed I were ... trying to impose my own views, I would not only be opposed to Roe versus Wade, I would be in favor of the opposite view, which the anti-abortion people would like to see adopted, which is to interpret the Constitution to mean that a state must prohibit abortion," Scalia told correspondent Lesley Stahl.

"And you're against that?" Stahl asked.

Scalia replied, "Of course. There's nothing" (in the Constitution to support that view).

The interview is tied to the publication on Monday of a new book, "Making Your Case: the Art of Persuading Judges," that Scalia, 72, wrote with legal writing expert Bryan Garner.

FOXNews.com - Justice Scalia: Abortion Not Prohibited in Constitution

Well..I'm glad that Scalia has "clarified" his position..

saltwn · #2 (**permalink**) 04-24-2008, 09:15 PM

I think it wasn't specified in the constitution for the same reason putting a strip tease joint next to a church wasn't included. People just never thought it would be an issue (if they thought about it at all).
So he is skirting around interpretation of when life begins or viability.

crazyflamingos · #3 (**permalink**) 04-24-2008, 09:54 PM

Quote:

Originally Posted by saltwn

I think it wasn't specified in the constitution for the same reason putting a strip tease joint next to a church wasn't included. People just never thought it would be an issue (if they thought about it at all).
So he is skirting around interpretation of when life begins or viability.

You think women didn't abort unwanted fetuses in the 1700s?

forester814 · #4 (**permalink**) 04-24-2008, 09:58 PM

Quote:

Originally Posted by Spencer Collins

Scalia told CBS News ... "I mean, I confess to being a social conservative, but it does not affect my views on cases,"

Oh, man, that is the funniest thing I have EVER heard that man say.

Woooo... deep breath.

Nope, still hilarious.

saltwn · #5 (**permalink**) 04-24-2008, 10:24 PM

Quote:

Originally Posted by crazyflamingos

You think women didn't abort unwanted fetuses in the 1700s?

It was something undreamed of at the time --that anyone would ever want to make such a taboo practice something that was protected or not under any code.

crazyflamingos · #6 (**permalink**) 04-24-2008, 10:31 PM

Quote:

Originally Posted by saltwn

It was something undreamed of at the time --that anyone would ever want to make such a taboo practice something that was protected or not under any code.

Are you saying that abortions were undreamed of?

Or are you saying that laws regarding abortions were undreamed of?

saltwn · #7 (**permalink**) 04-24-2008, 10:43 PM

Quote:

Originally Posted by crazyflamingos

Are you saying that abortions were undreamed of?
No.

Or are you saying that laws regarding abortions were undreamed of?

Yes, as far as the constitution was concerned I think it was something the founders never even thought about in terms of ever being in play.

crazyflamingos · #8 (**permalink**) 04-24-2008, 10:47 PM

Quote:

Originally Posted by saltwn

Yes, as far as the constitution was concerned I think it was something the founders never even thought about in terms of ever being in play.

I cannot see why you would think this. Abortions and laws governing them have been around for as long as medicine has been around. The ancient Romans had laws governing abortions.

The men who wrote our constitution were classically educated and would have known this.

Why then would they not mention abortions in the our constitution unless they were of the opinion that it was not the government's business?

saltwn · #9 (**permalink**) 04-24-2008, 11:13 PM

Quote:

Originally Posted by crazyflamingos

I cannot see why you would think this. Abortions and laws governing them have been around for as long as medicine has been around. I didn't know that The ancient Romans had laws governing abortions.Or that, but some of the Roman practices were looked on as decadent

The men who wrote our constitution were classically educated I did know thatand would have known thisYes, but I doubt if they saw it as affecting them or our nation.

Why then would they not mention abortions in the our constitution because they didn't think of it as relevant (if they even thought about it at all)unless they were of the opinion that it was not the government's business? That's a stretch

***
They also studied the Greeks but did they ever think of one man one vote? Thomas Jefferson did, but John Adams was appalled by it. Earlier western civilizations were on the verge of female suffrage, but no one foresaw that either. ALso there was a host of homosexual activity and heterosexual sleeping around in classic Rome. They surely knew of this, yet didn't make a mention of it either. Possibly because they were also well grounded in the bible which was the basis (along with the Magna Carta) of the first charter to cover the Mayflower bunch.

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