Scalia On Judges Judging Morals

[elwoodblues]

That comment was in the context of the original Roe decision, not the subsequent body of federal abortion case law.

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legislator basically decided that a fetus in that stage of developement was worth protecting, and the court struck it down.

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They did not define it as a life (i.e. being entitled to all of the same rights as you or I.) If they did, the outcome (in my opinion) would have to be different because abortion law right now is basically a balancing of rights. In the balance is the right of privacy/autonomy on the one hand and the state's interest in protecting the fetus. By legislatively elevating a fetus to the status of a "life" the balance changes significantly. So significantly, in my opinion, that abortion jurisprudence would be fundamentally changed with the stroke of a pen.