splitting the difference

By Diogenes (articles) | Aug 30, 2005

In a public address, Justice Antonin Scalia voices his contempt for the notion that federals courts should trump democratic process in settling public issues that hinge on moral convictions:

"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 said. ...

"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?"

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