ORANGE, California, August 30, 2005 ( – US Supreme Court Justice Antonin Scalia denounced on Monday the use of “unelected judges” to decide morally-charged issues like abortion and same-sex “marriage.”

Speaking after a Chapman University law school re-enactment of a 100-year-old law case, Scalia said, as reported by AP, “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 also voiced his consternation with a judicial appointment process that focuses on a potential candidate’s political leanings rather than their ability and qualifications. “Now the Senate is looking for moderate judges, mainstream judges,” he said. “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?”

“Each year the conflict over judicial appointments has grown more intense,” he added. “One is tempted to shield his eyes from the upcoming spectacle.”

Chapman traditionally invites well-known jurists to re-enact famous Supreme Court cases on their anniversaries. The university was celebrating the 10th anniversary of its law school.



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