Scalia says abortion, gay rights are easy cases

Oct 7, 2012 | Posted by: DNF | Full story: www.southfloridagaynews.com

Justice Antonin Scalia says his method of interpreting the Constitution makes some of the most hotly disputed issues that come before the Supreme Court among the easiest to resolve. Scalia calls himself a "textualist" and, as he related to a few hundred people who came to buy his new book and hear him speak in Washington the other day, that means he applies the words in the Constitution as they were understood by the people who wrote and adopted them.

He contrasted his style of interpretation with that of a colleague who tries to be true to the values of the Constitution as he applies them to a changing world. This imaginary justice goes home for dinner and tells his wife what a wonderful day he had, Scalia said. This imaginary justice, Scalia continued, announces that it turns out "'the Constitution means exactly what I think it ought to mean.'

No kidding.

As he has said many times before, the justice said the people should turn to their elected lawmakers, not judges, to advocate for abortion rights or an end to the death penalty. Or they should try to change the Constitution, although Scalia said the Constitution makes changing it too hard by requiring 38 states to ratify an amendment for it to take effect.

No kidding.

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“Some people are gay - get over”

Since: Apr 08

Reading PA

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#1
Oct 7, 2012
 

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I'm sure for him they are:

Abortion, No!

Gay Rights, No!

Unfortunately for Scalia the "textualist" the people who wrote the Constitution never faced the questions we are facing today.

I really wish he'd stop applying 18th Century VALUES to to 21st Century issues.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

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#2
Oct 7, 2012
 

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According to Scalia, a law banning fat men of Italian ancestry (i.e. Scalia) from the SCOTUS would be constitutional because NOWHERE in the text does it say fat men of Italian ancestry have any right to serve on the SCOTUS.

Same for laws banning women from getting pregnant, gays from having sex, left-handed people from being elected to Congress, etc, etc, etc.

The sooner Scalia dies the better off our country will be.
Junior E

El Segundo, CA

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#3
Oct 7, 2012
 

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KirkW wrote:
I'm sure for him they are:
Abortion, No!
Gay Rights, No!
Unfortunately for Scalia the "textualist" the people who wrote the Constitution never faced the questions we are facing today.
I really wish he'd stop applying 18th Century VALUES to to 21st Century issues.
"Unfortunately for Scalia the "textualist" the people who wrote the Constitution never faced the questions we are facing today."
If the people who wrote the constitution had realized that homosexuality would someday be the gravest danger facing this country, then certainly wording for protections against homosexuality would have been incorporated into the US Constitution at it's inception.
Junior E

El Segundo, CA

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#4
Oct 7, 2012
 

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WeTheSheeple wrote:
According to Scalia, a law banning fat men of Italian ancestry (i.e. Scalia) from the SCOTUS would be constitutional because NOWHERE in the text does it say fat men of Italian ancestry have any right to serve on the SCOTUS.
Same for laws banning women from getting pregnant, gays from having sex, left-handed people from being elected to Congress, etc, etc, etc.
The sooner Scalia dies the better off our country will be.
"The sooner Scalia dies the better off our country will be."
And you claim that the straights are the haters.
And how can a perversion like homosexuality possibly make a country "better off"? You have already divided this country evenly on this issue, And I don't think that fully half the people in this country are "bigots", they just recognize you for the danger you represent to society. Many of the half that do support you, do so out of ignorance, political correctness, mis-information, and intimidation.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

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#5
Oct 7, 2012
 

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Junior E wrote:
<quoted text>
"The sooner Scalia dies the better off our country will be."
And you claim that the straights are the haters.
And how can a perversion like homosexuality possibly make a country "better off"? You have already divided this country evenly on this issue, And I don't think that fully half the people in this country are "bigots", they just recognize you for the danger you represent to society. Many of the half that do support you, do so out of ignorance, political correctness, mis-information, and intimidation.
You're right, only about 1/3rd of the country are anti-gay bigots and shrinking every day as more of your fellow bigots die off.

It's only a matter of time until you're no more consequential than the KKK.
Qwerty26

Lewes, DE

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#6
Oct 7, 2012
 

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Junior E wrote:
<quoted text>
"Unfortunately for Scalia the "textualist" the people who wrote the Constitution never faced the questions we are facing today."
If the people who wrote the constitution had realized that homosexuality would someday be the gravest danger facing this country, then certainly wording for protections against homosexuality would have been incorporated into the US Constitution at it's inception.
Oh boy! I'm so glad that I am such a powerful force! I'm part of the "gravest danger facing this country"!

Fortunately for this country, George Washington didn't recognize this threat, since he brought Baron von Steuben in to train his troops and ultimately win the Revolutionary War.

Get over yourself and your "better than you" "holier than thou" arrogance.

“Some people are gay - get over”

Since: Apr 08

Reading PA

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#7
Oct 7, 2012
 

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Junior E wrote:
<quoted text>
"Unfortunately for Scalia the "textualist" the people who wrote the Constitution never faced the questions we are facing today."
If the people who wrote the constitution had realized that homosexuality would someday be the gravest danger facing this country, then certainly wording for protections against homosexuality would have been incorporated into the US Constitution at it's inception.
Oh please. Stop over-reacting.

You're still straight right? So really how big a threat are we?

How do we possibly threaten anyone? Ooo watch out - I might maliciously show you how to dress properly.

How awful!!!

Since: Jan 12

New Port Richey, FL

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#8
Oct 7, 2012
 

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the whole system needs a overhaul there should be 4 by appointments and 5 by non partisan election with terms on every member no one side should hold such power they way they do and if romney gets elected and appoint 4 new judges were looking at tea bag politics for the next 3 generations if romney don't start WW3

Since: Jan 08

Thailand

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#9
Oct 7, 2012
 

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Scalia needs to recuse himself in gay rights cases since he has acknowledged how he will vote without hearing the evidence. Let's hope we can keep Neanderthals like him off the court in the future!
John e

Geneseo, NY

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#10
Oct 7, 2012
 

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you're a hater
Junior E wrote:
<quoted text>
"The sooner Scalia dies the better off our country will be."
And you claim that the straights are the haters.
And how can a perversion like homosexuality possibly make a country "better off"? You have already divided this country evenly on this issue, And I don't think that fully half the people in this country are "bigots", they just recognize you for the danger you represent to society. Many of the half that do support you, do so out of ignorance, political correctness, mis-information, and intimidation.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

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#11
Oct 7, 2012
 

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Dubya wrote:
Scalia needs to recuse himself in gay rights cases since he has acknowledged how he will vote without hearing the evidence. Let's hope we can keep Neanderthals like him off the court in the future!
According to Scalia's philosophy we don't even NEED a SCOTUS. If it's not specifically spelled out in the constitution, anything goes. Why would we need judges if everything is in black & white?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

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#12
Oct 7, 2012
 

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As if we needed another reason to reelect President Obama? Followed by President Hillary or President Cuomo in 2016.

If we are victorious we can flip the court to a solid 6-3 liberal majority for the next 20-30 years.

Vote early, vote often, vote Obama!

Since: Sep 10

Long Beach, CA

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#13
Oct 7, 2012
 

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Oxymoron: Justice Scalia.
Sheldon

Alexandria, VA

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#15
Oct 8, 2012
 

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disaster in the making wrote:
the whole system needs a overhaul there should be 4 by appointments and 5 by non partisan election with terms on every member no one side should hold such power they way they do and if romney gets elected and appoint 4 new judges were looking at tea bag politics for the next 3 generations if romney don't start WW3
The very idea that some states allow for the election of judges (not judicial retention, which I think is, or can be, sound) is utterly ridiculous. Elected officials are supposed to represent the will of their constituents. The whole purpose of the judiciary is to stand apart from popular sentiment and administer justice without fear or favor, treating everyone equally. This is why Lady Justice wears a blindfold. Her scale would quickly tilt if she had an eye on the next election.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

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#16
Oct 8, 2012
 

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Sheldon wrote:
<quoted text>
The very idea that some states allow for the election of judges (not judicial retention, which I think is, or can be, sound) is utterly ridiculous. Elected officials are supposed to represent the will of their constituents. The whole purpose of the judiciary is to stand apart from popular sentiment and administer justice without fear or favor, treating everyone equally. This is why Lady Justice wears a blindfold. Her scale would quickly tilt if she had an eye on the next election.
Yep, just look at the racist homophobic bigot running for the Chief Justice position in Alabama. He's the same one they kicked off the court for refusing to follow a federal court order to remove the 10 commandments statue from the courthouse.

We directly elect our justices in Michigan as well, and we have the exact problems you'd expect when judges run for popular election.

DNF

“Liberty AND Justice”

Since: Apr 07

Born in Newark, Ohio

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#17
Oct 8, 2012
 
Junior E wrote:
<quoted text>
"Unfortunately for Scalia the "textualist" the people who wrote the Constitution never faced the questions we are facing today."
If the people who wrote the constitution had realized that homosexuality would someday be the gravest danger facing this country, then certainly wording for protections against homosexuality would have been incorporated into the US Constitution at it's inception.
Sigh.

Anyone care to help me start a list we can post on Topix for every thing that has been declared "THE GREATEST THREAT TO OUR NATION".

We can make it a class project!

DNF

“Liberty AND Justice”

Since: Apr 07

Born in Newark, Ohio

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#18
Oct 8, 2012
 
Junior E wrote:
<quoted text>
"The sooner Scalia dies the better off our country will be."
And you claim that the straights are the haters.
And how can a perversion like homosexuality possibly make a country "better off"? You have already divided this country evenly on this issue, And I don't think that fully half the people in this country are "bigots", they just recognize you for the danger you represent to society. Many of the half that do support you, do so out of ignorance, political correctness, mis-information, and intimidation.
Wow.

Just WOW!

I don't think that half the people in this country are bigots either.

Unfortunately more than half are too lazy to find the facts to make informed decisions.

You're a good example by the way.

For over 48 years we have been presenting our case to the American Public. In those 48 years we have seen great success. You said it yourself, "You have already divided this country evenly on this issue..." That is what you're afraid of. That someday "history" will place you in an unflattering light.

I'm so glad you folks are getting rid of your "will of the people" chant. It'll be pretty hard in a few weeks to say that with a 'straight face' if we win SSM in a few more States.

DNF

“Liberty AND Justice”

Since: Apr 07

Born in Newark, Ohio

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#19
Oct 8, 2012
 
Junior E wrote:
<quoted text>
"The sooner Scalia dies the better off our country will be."
And you claim that the straights are the haters.
And how can a perversion like homosexuality possibly make a country "better off"? You have already divided this country evenly on this issue, And I don't think that fully half the people in this country are "bigots", they just recognize you for the danger you represent to society. Many of the half that do support you, do so out of ignorance, political correctness, mis-information, and intimidation.
You mentioned intimidation.

Funny since you have no problem using that as an excuse to try to get special rights under petition signature laws.

And lets not forget the number of times in the last 2 years you folks decided to go after any judge you disagreed with.

Of course now you want to claim in ads in Maine that some poor anti SSM school counselor got fired because of his political actions, but I guess since he's an un elected public servant he gets special rights too.

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