Friday, October 19, 2007

Why O'Connor Probably Doesn't Stuff Scalia's Stocking

[Fear not; the tide of abortion-related posts will soon abate as my Constitutional Law class leaves the issue in the past.]

"But to portray Roe as the statesmanlike "settlement" of a divisive issue, a jurisprudential Peace of Westphalia that is worth preserving, is nothing less than Orwellian. (Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992))"

For these and other brilliant and inflammatory comments by Justice Antonin G. Scalia about the Supreme Court's foisting inividuals' abortion "rights" against the states, see his dissent at the bottom of the page here.

Here are some more for good measure: (this one said mockingly paraphrasing the plurality's prevailing opinon) "We are offended by these marchers who descend upon us, every year on the anniversary of Roe, to protest our saying that the Constitution requires what our society has never thought the Constitution requires. These people who refuse to be "tested by following" [our decision] must be taught a lesson. We have no Cossacks, but at least we can stubbornly refuse to abandon an erroneous opinion that we might otherwise change - to show how little they intimidate us."

Observe here that the High Court does indeed take note of the annual March For Life, held on January 22nd!

Lastly, "The people know that their value judgments are quite as good as those taught in any law school - maybe better." True, that. The only view I've been able to discern as being taught in law school is that relativity is virtuous, and absolutes are inherently evil.

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