Scalia: No Right to 'Homosexual Conduct' or Abortion in Constitution

[Newsjock]

Source: The Advocate

Addressing the North Carolina Bar Association in Asheville Friday, Supreme Court justice Antonin Scalia said — unsurprisingly — that judges are in error when they find rights to “homosexual conduct” or abortion in the Constitution.

In his speech, titled “Mullahs of the West: Judges as Moral Arbiters,” the ultraconservative Scalia said he believes in interpreting the Constitution as it would have been when it was adopted, the Asheville Citizen-Times reports. At that time, he said, abortion, assisted suicide, and homosexual acts “were criminal throughout the United States and remained so for several centuries.”

Read more: http://www.advocate.com/society/law/2013/06/22/scalia-no-right-homosexual-conduct-constitution

[rug]

1. I thought he was a fan of the Ninth Amendment.

[former9thward]

10. I had some originalist law professors when I was in school.

What they say is that states and the federal government can legalize gay sex, abortion, etc. but if those laws do not exist then the right to those things can't be found in the Constitution itself. That is because those activities were illegal at the time the Constitution was written and remained so for a long time afterwards. So the ninth amendment and the tenth allow for legalization of these things if the states so desire. It will be interesting to see how this plays out in the DAMA decision which should come quickly.

[rug]

11. Thanks for a concise decription of his festered mind.

[JaneyVee]

2. Scalia said he believes in interpreting the Constitution as it would have been when it was adopted

Now THAT'S a racist.

[dawg]

3. We only have three rights.

Free Speech

Food Money

Not to be Killed (Unless it's done by a Policeman)

[still_one]

4. Life, Liberty, and the Pursuit of Happiness. Fu*k you scalia

[msongs]

5. there is no right to heterosexual conduct in there either is there? nt

[Lex]

7. +1

[sabrina 1]

15. No, there isn't. Scalia is a disgrace to this country.

[Hekate]

22. Only the missionary position. All that other stuff is for pre-verts, fornicators, and abominators.

And indeed, heterosexual sex acts of many kinds were formerly outlawed in quite a few states, though how the Peeping Toms and sheet-sniffers found out about what went on in bedrooms not their own is as disgusting to contemplate as is their continuing obsession to this very day with LGBT sexual conduct, contraception, and abortion.

Scalia is a toad, and like his brethren he has a dirty mind.

[uppityperson]

6. Fuck Scalia. Oh, wait...

ok, as a female, still, ewwwwwwww. To hell with him.

[HooptieWagon]

8. The Constitution doesn't guarantee the right to be an asshole.

I guess Scalia is shit out of luck.

[Lex]

9. "the right to be let alone" - Justice Brandeis, 1928

" . . . the right to be left alone -- the most comprehensive of rights and the right most valued by civilized men."

[eShirl]

20. I like that one.

[ismnotwasm]

12. So, only white male landowners would have the right to vote?

Is he out of his mind?

[freshwest]

18. Nope, and he represents a growing of regressives in the USA. We stand as one or end up on our knees.

There is no option, yet some people feel we have the luxury of not standing together.

[Ms. Toad]

13. Homosexuality is one issue where Scalia froths at the mouth so much

that it wouldn't matter how he interpreted the constitution.

On most issues, even though I would decide nearly every case the opposite way he does, his logic is impeccable. That came as a complete surprise when I started reading the opinions, not just the decisions.

On homosexuality his opinions read like someone completely incapable of putting two sentences together.

I haven't paid much attention to his opinions on abortion.

[jmowreader]

14. However, selling human beings was NOT illegal when the Constitution was adopted

Some other things that were illegal when the Constitution was adopted:

women voting
people who didn't own land voting
the common people voting for their own United States senators
the president and vice-president running on a common ticket
not turning over runaway slaves on the demand of their owners

[freshwest]

17. That's why I won't 'Stand with Rand.' Same shit, different demagogue.

I don't care about his other wonderful ideas. He's against me and mine. That's enough.

[rebecca_herman]

16. So does that mean there's no right to own types of guns not invented yet?

hmmmmmmmmmmm?

[Warren DeMontague]

19. Scalia still wants to outlaw masturbation, which probably explains his popularity with the people.

And which makes the "Masturbating Fetuses" anti-choice argument the GOP has taken up lately, even weirder.

[magellan]

21. The man is no genius.

the ultraconservative Scalia said he believes in interpreting the Constitution as it would have been when it was adopted, the Asheville Citizen-Times reports. At that time, he said, abortion, assisted suicide, and homosexual acts “were criminal throughout the United States and remained so for several centuries.”

226 years equals "several centuries"?

[sibelian]

23. He's a fricken troll.