Supreme Court Justice Antonin Scalia is up in arms about judges who he claims are deciding moral issues not addressed in the Constitution, including gay rights, abortion and the death penalty.
Scalia told a packed auditorium at Chapman University in Orange County, California on Tuesday that such questions should be settled by Congress or state legislatures who represent the voice of the people.
“I am questioning the propriety… indeed, the sanity… of having a value-laden decision such as this made for the entire society by unelected judges,” Scalia said, according to 365gay.com.
Scalia also spoke out against the principle of a “living Constitution” mantra, a subject he has been chanting ever since the Supreme Court stuck down sodomy laws.
Scalia, who dissented on the sodomy ruling, said the Constitution must be strictly followed and reprimanded Congress for not appointing judges who are strict constitutionalists.
“Now the Senate is looking for moderate judges, mainstream judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we’d like it to say?” he said.
Scalia’s remarks led to a quick response from the Human Rights Campaign.
“It’s alarming that a Supreme Court justice is telling the American people we have no place bringing issues of fairness to the court,” said Human Rights Campaign President Joe Solmonese. “Throughout our nation’s history, the Supreme Court is the very place Americans rely upon as the final authority on cases of unfair and unjust treatment.”
Solmonese also said that because of Scalia’s ties to the Bush White House, his remarks “only further deepen our concern with Judge [John} Roberts’ nomination.”
Last week, the HRC and three other LGBT rights groups announced their opposition to the nomination of Roberts to the Supreme Court. On Wednesday the American Civil Liberties Union urged a careful review of Roberts during Senate confirmation hearings.
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