News Law and Policy

Scalia Thinks Roe Is “Utterly Idiotic”

Robin Marty

Scalia will always follow precedent when ruling on court cases.  Well, unless he doesn't like the precedent.

Supreme Court Justice Antonin Scalia isn’t one to pull punches, and if he’s angr, he’ll let you know. His latest rage? Someone misrepresented his “judicial philosophy.” He’s a complete constitutionalist and never uses his own personal views to decide cases.

Unless you are talking about abortion, that is. Because he thinks that’s just wrong.

Via Reuters:

One prominent exception to that is Roe v. Wade, the Supreme Court’s 1973 ruling that legalized abortion. He does not consider that binding precedent, he said, because it was wrong, remains controversial and is an issue better left to legislators than judges.

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What’s more, the court’s subsequent decisions on abortion are based on the judge-made theory of “substantive due process,” which guarantees certain fundamental rights like privacy. It’s “utterly idiotic,” Scalia said.

Scalia said he accepts being frequently on the losing side of Supreme Court decisions, because that’s what it takes to follow his philosophy of sticking to the letter of the law.

I assume this means he won’t be giving a speech praising the ruling at the 40th anniversary next January.

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