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looking for an article about the Supreme Court

Old 10-18-04, 05:44 PM
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looking for an article about the Supreme Court

If I remember correctly, I think a few weeks ago there was a statement made by one of the Supreme Court justices that said something to the effect of: perhaps decisions on topics like abortion, gay marriage, etc. will affect society at such a great level that it is not best for a few people (judges) to make those decisions on behalf of society as a whole.

Anyone know what I'm talking about? I know I read it somewhere, but I can't find it. Thanks.
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Old 10-18-04, 06:18 PM
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That sounds like textbook Scalia. If you're not a Court watcher, you probably saw this recent article, in which Scalia came out in favor of orgies. The pro-orgy position was subsequently the subject of a correction, which no longer seems to be up at the Harvard Crimson site, but is available here.
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Old 10-18-04, 08:48 PM
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I do remember reading about Scalia saying it. Can't remember where I saw that though.
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Old 10-19-04, 11:48 AM
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I finally found it:

"Supreme Court Justice Antonin Scalia says he believes "abstract moralizing" has led the American judicial system into a quagmire, and that matters such as abortion and assisted suicide are "too fundamental" to be resolved by judges."

http://www.cnn.com/2004/LAW/09/29/scalia.harvard.ap/
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Old 10-19-04, 12:33 PM
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Originally posted by Joshic
I finally found it:

"Supreme Court Justice Antonin Scalia says he believes "abstract moralizing" has led the American judicial system into a quagmire, and that matters such as abortion and assisted suicide are "too fundamental" to be resolved by judges."

http://www.cnn.com/2004/LAW/09/29/scalia.harvard.ap/

I agree. Plus the Constitution seems pretty damn clear - if it isn't in the province of Art I sec 8, leave it to the states, not federal courts. I'm sure some disagree.
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Old 10-19-04, 12:37 PM
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Old 10-19-04, 01:07 PM
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Originally posted by Red Dog
I agree. Plus the Constitution seems pretty damn clear - if it isn't in the province of Art I sec 8, leave it to the states, not federal courts. I'm sure some disagree.


The 14th Amendment, by incorporating the 1st through 8th Amendments to the states, limits what the states can do. It's not unreasonable to believe that 14th Amendment puts boundaries on the states' right to limit abortions or assisted suicide.
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Old 10-19-04, 01:13 PM
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Originally posted by JasonF


The 14th Amendment, by incorporating the 1st through 8th Amendments to the states, limits what the states can do. It's not unreasonable to believe that 14th Amendment puts boundaries on the states' right to limit abortions or assisted suicide.

Hmmmm - I must have missed which amendment 1 through 8 granted abortion and assisted suicide rights. Of course, I know what comes next and all I have to say is that I don't think 9 people in robes should be setting up new rights, which is what this quote is all about.
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Old 10-19-04, 01:24 PM
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Originally posted by Red Dog
Hmmmm - I must have missed which amendment 1 through 8 granted abortion and assisted suicide rights. Of course, I know what comes next and all I have to say is that I don't think 9 people in robes should be setting up new rights, which is what this quote is all about.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
And I know we've gone back and forth in the past on what the Ninth Amendment means.
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