Scalia Says Abortion Rights Not In Constitution, Judicial Nomination Process More Politicized

Main Category: Abortion
Article Date: 09 Apr 2008 - 5:00 PDT

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U.S. Supreme Court Justice Antonin Scalia told a group of students on Monday at the Roger Williams University Law School that there is nothing in the Constitution guaranteeing abortion rights and that the issue is best left to legislatures rather than the Supreme Court, the AP/Boston Globe reports. "You want the right to abortion?" Scalia asked, adding, "Create it the way most rights are created in a democracy. Persuade your fellow citizens it's a good idea -- and pass a law."

Scalia also said that if he were nominated for the Supreme Court today, he would have difficulty getting confirmed because the "most important" aspect of a judge for many citizens is "whether this person will write the new Constitution that you like." He added, "If the court's rewriting the Constitution, it's an enormously powerful political body -- and its selection will be done in a political fashion." Scalia, who was confirmed by a 98-0 vote in 1986, said he likely would not get 60 votes if nominated today (Tucker, AP/Boston Globe, 4/7).

Scalia said that he believes it is the "duty" of nominees "going through a confirmation hearing for a judgeship to answer as few questions as possible about how that person would vote as a judge," adding, "Because it's one thing to express a view in a law review article, or anywhere else, about how you would vote. When you get on the bench, that's fine, you just change your mind. But when you make a commitment to your appointing committee -- the Congress that approved you -- that's a commitment, and you feel a real pressure not to make a liar out of yourself" (Fitzpatrick, Providence Journal, 4/8).

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