Saturday, October 21, 2006

"It so happens that everything that is stupid is not unconstitutional."

Justice Scalia said that beautiful little truism earlier today during an appearance with fellow Justice Samuel Alito.

I think much of the press - if it notices the event at all - will probably focus on his statements about the "independence of the judiciary" not being an unqualified good thing, leaving the context out, of course. Here's more greatness:

"Take the abortion issue," he said. "Whichever side wins, in the courts, the other side feels cheated. I mean, you know, there's something to be said for both sides."

"The court could have said, 'No, thank you.' The court have said, you know, 'There is nothing in the Constitution on the abortion issue for either side,'" Scalia said. "It could have said the same thing about suicide, it could have said the same thing about ... you know, all the social issues the courts are now taking."

Scalia said courts didn't use to decide social issues like that.

"It is part of the new philosophy of the Constitution," he said. "And when you push the courts into that, and when they leap into it, they make themselves politically controversial. And that's what places their independence at risk."

I hope Justice Owens was listening...

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