Scalia Slams Juvenile Death Penalty Ruling

WASHINGTON - Justice Antonin Scalia (news - web sites) criticized the Supreme Court's recent decision to strike down the juvenile death penalty, calling it the latest example of politics on the court that has made judicial nominations an increasingly bitter process.


In a 35-minute speech Monday, Scalia said unelected judges have no place deciding issues such as abortion and the death penalty. The court's 5-4 ruling March 1 to outlaw the juvenile death penalty based on "evolving notions of decency" was simply a mask for the personal policy preferences of the five-member majority, he said.


"If you think aficionados of a living Constitution want to bring you flexibility, think again," Scalia told an audience at the Woodrow Wilson Center, a Washington think tank. "You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility."


"Why in the world would you have it interpreted by nine lawyers?" he said.


Scalia, who has been mentioned as a possible chief justice nominee should Chief Justice William Rehnquist (news - web sites) retire, outlined his judicial philosophy of interpreting the Constitution according to its text, as understood at the time it was adopted.


Citing the example of abortion, he said unelected justices too often choose to read new rights into the Constitution, at the expense of the democratic process.


"Abortion is off the democratic stage. Prohibiting it is unconstitutional, now and forever, coast to coast, until I guess we amend the Constitution," said Scalia, who was appointed to the court by President Reagan in 1986.


He blamed Chief Justice Earl Warren, who presided from 1953-69 over a court that assaulted racial segregation and expanded individual rights against arbitrary government searches, for the increased political role of the Supreme Court, citing Warren's political background. Warren was governor of California and the Republican vice presidential nominee in 1948.


"You have a chief justice who was a governor, a policy-maker, who approached the law with that frame of mind. Once you have a leader with that mentality, it's hard not to follow," Scalia said, in response to a question from the audience.


Scalia said increased politics on the court will create a bitter nomination fight for the next Supreme Court appointee, since judges are now more concerned with promoting their personal policy preferences rather than interpreting the law.


"If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us," he said, explaining that's why senators increasingly probe nominees for their personal views on positions such as abortion.


"When we are in that mode, you realize we have rendered the Constitution useless," Scalia said.

news.yahoo.com.../ap/20050315/ap_on_go_su_co/scalia_1

The black robed bunch is out of control based on one of its most brilliant members. Scalia points out that the so called "justices" are making "political" rules based on personal ideology. As in the moronic under 18 anti-death penalty ruleing.

This is a "political" conspiracy at the highest level because "Liberalisim" has subverted the will of the "people" by stacking the court system with 'Political" hacks instead of judges. Making "law" from the bench.

Impeach each and every "judge" that makes "law' or the injects the juducuary into the war on terror.

Seperation of powers.......................the judicuary is out of control.

I love Scalia and I could not agree more with his views on the role of the judges in this country. We live in a Representative Republic where we elect our representatives to we the peoples' will. Appointed judges are unaccountable to we the citizens. Increasingly they are becoming political activists going away from the will of the people. This is not what our Constitution gives them the power to do. They have usurped this power from the legislative branch and none of our congressmen/women has shown the will to stand up to them. This is the biggest problem with the country right now that we as americans have to address. We must force our elected officials to stand up to these black robed activists and fight back. The judicial branch has gotten out of control.

I completely agree with absolutely everyting Apoc said, too bad I'm out of Way Above votes.

Scalia is one of the last justices left who really "gets it" as far as the role of the judiciary. They've been usurping power more and more and not only are they unelected and unappointed, they're in there for life and there's really no way to get rid of them beyond conviction for high crimes and misdemeanors in an impeachment trial. I'm sure the founding fathers certainly didn't envision what power today's court has in our supposed democracy.

Originally posted by djohnsto77
I completely agree with absolutely everyting Apoc said, too bad I'm out of Way Above votes.

Scalia is one of the last justices left who really "gets it" as far as the role of the judiciary. They've been usurping power more and more and not only are they unelected and unappointed, they're in there for life and there's really no way to get rid of them beyond conviction for high crimes and misdemeanors in an impeachment trial. I'm sure the founding fathers certainly didn't envision what power today's court has in our supposed democracy.

One of the best justifcations for the removal of federal judges was written by Gerald Ford in the early 70's. Its on his library website. It's really good stuff but a long read............

Good Doctor ... It would seem I've already put a Way Above vote in for you this month, and it won't let me vote twice.

I don't care for Scalia on some things, but if I agreed with everything, it would be scary. He does have the right idea on what a Supreme Court Justice should be and should be doing ... Most of the time!

"Mere factual innocence is no reason not to carry out a death sentence properly reached."-Scalia

Perhaps he was trying to make the death penalty actually work as a deterrence by executing the innocent but it does seem a tad harsh. I’m sure you would understand and support Scalia if he wanted to execute you even though he knew for a fact that you were innocent.

Of course Scalia is correct when he says that the Supreme Court is off its rocker. I have felt that way ever since they unconstitutionally inserted themselves into the Gore V Bush presidential hijacking non-election debacle. I was amazed by Rehnquist performing like a trained poodle and flushing 30 years of his own jurisprudence regarding states rights down the crapper. He must have felt that cheating to win was more important than integrity or the law.