CAMBRIDGE, Massachusetts (AP) — Supreme Court Justice Antonin Scalia says he believes “abstract moralizing” has led the American judicial system into a quagmire, and that matters such as abortion and assisted suicide are “too fundamental” to be resolved by judges.
“What I am questioning is the propriety, indeed the sanity, of having value-laden decisions such as these made for the entire society … by judges,” Scalia said on Tuesday during an appearance at Harvard University’s Kennedy School of Government.
— “Scalia: Abortion ‘too fundamental’ for judges” 9/29/04
Well, excellent. I invite Antonin Scalia to philosophically back up this contention by recusing himself the next time abortion or assisted suicide comes up in front of the Supreme Court.
A show of hands of everyone who thinks he will. No rush.
For the edification of all, let me give my estimation of Judge Scalia’s thinking on what matters are too “fundamental” for the courts:
Scalia personally supports it: Not too fundamental.
Scalia doesn’t personally support it: Waaaay too fundamental.
Now, personally, I think picking a president for the nation is probably a task too fundamental for the courts, but I don’t recall Scalia exactly rushing to the moral barricades on that one.
Note to self: If ever President, remember not to nominate to the Supreme Court someone who has such clear contempt for the American federal system.