|
|
|
|
Scalia, Original Intent,
and Returning the Abortion Debate to the States
Part Three of Three By Dave Andrusko Whether you are an admirer, such as I am, or a critic of Justice Antonin Scalia, we'd all agree he is a provocative, original thinker who starts with the premise that the Constitution ought to be tethered by what he describes as its framers' "original intent" so that it is not moved hither and yon by whichever winds may happen to be prevailing. Scalia was hammered in some circles for his comments in a recent issue of California Lawyer about an issue that is not ours. I think the entire interview is worth your time (see www.callawyer.com/story.cfm?eid=913358&evid=1), so let me make just one comment. Even pro-abortion Justice Ruth Bader Ginsburg seems to almost acknowledge that Roe v. Wade was a step too far, actually an unnecessary provocation, in her eyes. In 1993 Ginsburg gave a speech in which she said that Roe had "halted a political process that was moving in a reform direction and ... prolonged divisiveness and deferred stable settlement of the issue." Okay, Ginsburg's view is that the law was inexorably moving in a pro-abortion direction. Scalia would say, I think, "prove it." Make your case in the states and fight it out democratically. Do not impose your policy preference from on high because when you do--as was done in Roe (a decision aptly described by Justice White characterizes as an "exercise of raw judicial power")--the results will prove to be enormously divisive. When the day comes that Roe is dispatched into the historical dustbin, the debate over the rights of unborn human beings will return to the states. Wouldn't you think if--as pro-abortionists are forever telling us--the public is truly "pro-choice," our benighted opposition would be comfortable with making their case to the citizenry. But, of course, they know the public is closer to our view than theirs, which is why they fiercely fight even the most commonsense limitations, let alone Roe's reversal. Please send your comments on Today's News & Views and National Right to Life News Today to daveandrusko@gmail.com. If you like, join those who are following me on Twitter at http://twitter.com/daveha. |