U.S. Supreme Court Justice Antonin Scalia schooled CNN host Piers Morgan during an interview last night on a host of subjects, including abortion. during the interview, Justice Scalia explained to Morgan how the Constitution does not include a right to abortion.
Scalia says the theory of substantive due process in the Roe v. Wade decision makes no legal sense.
“My Court in recent years has invented what is called ‘substantive due process’ by simply saying some liberties are so important that no process would suffice to take them away. That was the theory used in Roe v. Wade and it’s a theory that is simply a lie,” he said. “The world is divided into substance and procedure.”
Scalia reminded Morgan that he doesn’t have public views on what should be legal but public views on what is Constitutional.
Attempting to turn the discussion against him, Morgan told Justice Scalia women didn’t have voting rights under the Constitution, as written. Scalia wouldn’t bit and said women had the same due process rights as men.
“My view is that regardless of whether you think prohibiting abortion is good or whether you think prohibiting abortion is bad, regardless of how you come out on that, my only point is the Constitution does not say anything about it,” Scalia explained. “It leaves it up to democratic choice. Some states prohibited it and some states didn’t. What Roe vs. Wade said was that no state can prohibit it. That is simply not in the Constitution.”
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