Scalia says courts should not rule on moral issues

Orange, Calif., Aug 31, 2005 / 22:00 pm

Moral issues not addressed in the Constitution, such as abortion, gay rights and the death penalty, should be debated and settled by Congress or state legislatures, not by the courts, said U.S. Supreme Court Justice Antonin Scalia.

"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,” he told a packed auditorium Monday at Chapman University.

According to a report by the Associated Press, Scalia blasted these “judge moralists” and the political aspects of judicial appointments.

"Each year the conflict over judicial appointments has grown more intense. One is tempted to shield his eyes from the upcoming spectacle,” he was quoted as saying in a veiled reference to the upcoming debate on the nomination of Judge John Roberts to the Supreme Court.

He also criticized the current concept of the “living Constitution,” on which Senators have based their appointment of politically “moderate” or “mainstream” judges, in a sense privileging political bent over credentials.

"What in the world is a moderate interpretation of a constitutional text?” Scalia asked rhetorically. “Halfway between what it says and what we'd like it to say?" he offered to laughter and applause.

Scalia was at Chapman University to assist at the law school’s tenth anniversary celebrations.