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Judicial Moralism Antonin Scalia, considered one of the most conservative justices on the Supreme Court, told a Forum audience in September that morality should be determined by society, not 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,” he said, citing the death penalty and same-sex marriage. “Nothing I learned from law courses here at Harvard, none of the experiences I acquired in practicing law, qualifies me to decide whether there ought to be a fundamental right to abortion or assisted suicide.” Instead, he said, judges who are appointed for their law skills “have a better chance of preserving the Constitution against the wishes of current political majorities.” |
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BULLY PULPIT