Supreme Court Justice Scalia: Roe Abortion Case May Never be Reversed

National   |   Steven Ertelt   |   Mar 10, 2006   |   9:00AM   |   WASHINGTON, DC

Supreme Court Justice Scalia: Roe Abortion Case May Never be Reversed Email this article
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by Steven Ertelt Editor
March 10, 2006

Freiburg, Switzerland ( — Speaking to a group of professors and students in Switzerland, pro-life Supreme Court Justice Antonin Scalia said the Supreme Court may never overturn the Roe v. Wade decision that allowed virtually unlimited abortion. He said he didn’t think the decision would be reversed soon but hoped it would be eventually.

Responding to a question as to when, if ever, he thought the high court would overturn Roe v. Wade, Scalia responded, “I have no idea . . . and no idea whether it will be.”

Scalia told those at the University of Freiburg discussion on Wednesday that a majority of the members on the Supreme Court still support abortion.

“There are still five justices on our court who voted in favor of Roe v. Wade,” Justice Scalia said. “If I had to guess, I would say, ‘not yet . . . maybe not never, but certainly not yet.’”

"The American dream is still to come," he added, according to a French Audio-Visual Bureau news report.

Scalia told the audience he didn’t have an official opinion on abortion but that he could not find a legal right to abortion in the Constitution.

"It is not contained in the Constitution of the United States," Scalia said.

Scalia bemoaned those who favor a "living Constitution" whereby the nation’s founding documents evolve to create new rights that never existed. He also said too much power is given to the Supreme Court.

"It is an enormous responsibility, in a democracy, to entrust that to nine lawyers," he said.

Scalia lamented that since the writing of the Constitution there was never a right to assisted suicide, and the state of Oregon has been allowed to legalize the grisly practice and be declared constitutional in doing so.

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