Scalia On Judges Judging Morals

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Interesting little AP report here.

(excerpt)[b]...Speaking before a packed auditorium, Scalia said he was saddened to see the U.S. Supreme Court deciding moral issues not addressed in the Constitution, such as abortion, assisted suicide, gay rights and the death penalty. He said such questions should be settled by Congress or state legislatures beholden to the people.

"I am questioning the propriety indeed, the sanity of having a value-laden decision such as this made for the entire society … by unelected judges," Scalia said.

"Surely it is obvious that nothing I learned during my courses at Harvard Law School or in my practice of law qualifies me to decide whether there ought to be, and therefore is, a fundamental right to abortion or assisted suicide," he said.

Scalia also railed against the principle of the "living Constitution," saying it has led the U.S. Senate to try to appoint so-called politically "moderate' judges instead of focusing on professional credentials and ability.

"Now the Senate is looking for moderate judges, mainstream judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?" he said, to laughter and applause.

"Once one adopts this criteria, of course, the Constitution ceases to perform its principal function, which is to prevent the majority from doing what it wants to do."

Scalia didn't make any direct references to the looming confirmation battle for Supreme Court nominee John Roberts, but he did allude to it as he spoke of the politicizing of the judicial process.

"Each year the conflict over judicial appointments has grown more intense," he said. "One is tempted to shield his eyes from the upcoming spectacle."...(end excerpt)

Comments anyone?

http://www2.presstelegram.com/news/ci_2984562