Scalia says he won’t accept Roe precedent
Just got this from a friend. The news is almost two weeks old and should have been headline but wasn’t. Not sure why. The other side could certainly use it for fundraising and fearmongering. From Kaiser Daily Reports, May 1:
U.S. Supreme Court Justice Antonin Scalia on Friday in a speech at the University of Delaware said that Roe v. Wade, the 1973 Supreme Court ruling that effectively barred state abortion bans, is not a precedent he is willing to accept, the Wilmington News Journal reports. “When you give the court the power to insert new rights, you also give it the power to take out old rights,” he said, adding, “The right to abortion on the part of a woman is the end of the right to live on the part of the fetus”
This was an important statement because pro-aborts of late, knowing Roe was a faulty decision, have been trying to say Roe v. Wade must stay simply because we’re all so used to it.
This is called the principal of stare decisis in legal terminology. Ruth Bader Ginsberg invoked it in her April 18 dissent against the pba ban decision. Liberal senators harped on this point when interrogating then-Supreme nominees Roberts and Alito.
Scalia is saying that argument won’t work with him in consideration of reversing Roe.
[Hat tip: Arlene; photos courtesy of Wilmington News Journal]
Jill Stanek is a nurse turned speaker, columnist and blogger, a national figure in the effort to protect both preborn and postborn innocent human life.
Scalia is a good man. And who knows the law better than him.
Apparently not willing to undue precedence when it comes to federalism. He’s a mixed bag of nuts, and his stand on Roe v. Wade is very old news.
Scalia is great!
Ah yes, Ruth “PBA is *not* Stare Decisis” Ginsburg. It’s amazing how quickly her entire constitutional outlook changed when things weren’t voted in her favor.
wasn’t Ginsberg the president of the ACLU?
Scalia takes his orders from the Vatican. He should be impeached for treason.
Smoggy,
You silly!
Seriously though, why is this news?
I agree, this is not news. No one ever thought Scalia considered himself bound by Roe.
Correct me if I’m wrong, but Scalia’s speaking on the issue of stare decisis is new news. This has increasingly become a pro-abort talking point, since they know the Roe decision is fragile.
Apparently ,Rudy Giuliani can’t seem to make up his mind on how he feels about abortion. I saw it on the news this morning. He claims to be a Catholic pro choicer, and then he flips and says he hates abortion and refuses to answer questions about it.
@Heather4life: You can still be pro-choice but personally hate abortion.
Rae,
Why would anyone hate abortion?
@Mary: Perhaps “hate” was the wrong word to use…disagree or dislike abortion would probably be better? For example, somebody may personally never get an abortion, but just because they wouldn’t get one doesn’t mean they should force their beliefs/opinions on other people. Does this make sense?
Rae, All I am saying is that Giuliani made a statement saying that he was very glad to see the PBA ban put into law. Then he turned around and said that he’s totally pro choice. Seems to me he’s just giving lip service to both sides.
oops, I thoght I was still on the first post.
Rae,
OK, why do you dislike abortion? Does it make sense for me to say I personally oppose car theft and while I would never steal a car, I don’t feel I have a right to impose my beliefs on others?