Justice Scalia on Stare Decisis and Roe
Justice Antonin Scalia talks about Roe v. Wade — and other mistakes of the past 50 years:
“By and large I am not urging that we rip out all of the mistakes made over the last fifty years….If [a decision] was plausible when [it was] announced, if it was generally accepted, and if I can work with it as a judge, which is to say as a lawyer…then I will accept it.My Comments:
“On the other hand, let us take Roe v. Wade. It is a bad opinion. It was controversial from the outset and remains so. But thirdly and most importantly, it does not permit me to function as a lawyer.”
As Feddie says, "Stare decisis is fo' suckas!"
Labels: Constitutional Jurisprudence, Judiciary, Law, Supreme Court
posted by Pro Ecclesia 12:54 PM
1 comments
1 Comments:
Not quite on topic, but there's something else about Roe v. Wade: its existence says a lot about the state of moral confusion among American Catholics. There was a time when abortion on demand was unthinkable in this country -- primarily because of the Catholics. Then we lost our moral compass on obscenity, contraceptives, divorce, and from there, things went downhill. Now that we've been lying down on the job the last 40 or 50 years, it's unthinkable that anything should be unthinkable -- except the governance of our passions and baser instincts.
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