Thursday, March 16, 2006

Who decides?

Scalia:
"Anyone who thinks the country's most prominent lawyers reflect the views of the people needs a reality check"
The 70-year-old justice said the public, through elected legislatures - not the courts - should decide watershed questions such as the legality of abortion.

And anyone who believes that the elected legislatures adequately reflect the views of the people needs a reality check.

Scalia would like to get the Court out of the business of determining what is moral. He sees a battle between a legislature and the courts. The real battle is between the majority and the individual. A court restricting a legislature is not determing what is moral, but giving individuals the the power to decide what is moral for themselves (so long as an action does not cause harm to others). Society has the ability to influence an individuals decisions.

Whatever happened to all that talk about how it is improper for a judge to speak about controversial legal issues that might come before them? Oh yes, that was bullshit.

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