UPDATE 7/21, 3:50a: Providing context to Scalia’s statement below helps. Here is what he said just prior:
My view is regardless of whether you think prohibiting abortion is good or whether you think prohibiting abortion is bad, regardless of how you come out on that, my only point is the Constitution does not say anything about it. It leaves it up to democratic choice.
Some states prohibited it, some states didn’t. What Roe v. Wade – Wade said was that no state can prohibit it. That is simply not in the Constitution. It was one of those many things – most things in the world – left to democratic choice. And – and the court does – does not do democracy a favor when it takes an issue out of democratic choice.
7/21 2a: Just as the pro-choice people say the Constitution prohibits the banning of abortion, so, also, the pro-life people say the opposite. They say that the Constitution requires the banning of abortion, because you’re depriving someone of life without due process of law.
I reject that argument just as I reject the other one. The Constitution in fact, says nothing at all about the subject. It is left to democratic choice.
Now, regardless of what my views as a Catholic are, the Constitution says nothing about it.
~ Supreme Court Justice Antonin Scalia explaining his Catholic faith and his position on the constitutionality of abortion to CNN’s Piers Morgan, via MRC TV, July 18