Supreme Court Justice Scalia Unhappy about Juvenile Death Penalty Ruling
Sunday, March 20, 2005 at 11:50AM
TheSpook
Justice Antonin Scalia 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 retire, outlined
his judicial philosophy of interpreting the Constitution according to
its text, as understood at the time it was adopted. [more]
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