Supreme Court Justice Scalia Debates ACLU President on Abortion

National   |   Steven Ertelt   |   Oct 16, 2006   |   9:00AM   |   WASHINGTON, DC

Supreme Court Justice Scalia Debates ACLU President on Abortion Email this article
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by Steven Ertelt Editor
October 16
, 2006

Washington, DC ( — Supreme Court Justice Antonin Scalia debated ACLU president Nadine Strossen on abortion and other political issues on Sunday. Scalia argued that nothing in the Constitution supports a right to abortion and warned Strossen that her aggressive approach to using the courts to further her agenda will come back to haunt her.

During the debate, Scalia told Strossen that unelected judges have no business in formulating public policy on highly-charged political issues like abortion. Instead, those decisions should be best left to lawmakers or the public.

"On controversial issues on stuff like … abortion, we debate with each other and persuade each other and vote on it either through representatives or a constitutional amendment," Scalia said, according to an Associated Press report.

He added that the role of a Supreme Court justice should be interpreting the law, not inventing it.

"Whether it’s good or bad is not my job. My job is simply to say if those things you find desirable are contained in the Constitution," he said.

Discussing pro-abortion judges who created a right to abortion, Scalia warned her, "Someday, you’re going to get a very conservative Supreme Court and regret that approach."

But Strossen, according to AP, countered, "There are some rights that are so fundamental that no majority can take them away from any minority, no matter how small or unpopular that minority might be."

Scalia is one of the two members of the high court, including Justice Clarence Thomas, who have taken a pro-life position against the Roe v. Wade decision.

Joined by new Chief Justice John Roberts and Justice Samuel Alito, the four are though to be the block of judges who will lead the way in overturning Roe once one more pro-life judge is added. The current Supreme Court is divided 5-4 in favor of abortion.