CAMBRIDGE, September 30, 2004 ( – Supreme Court Justice, Antonin Scalia said, at an appearance at Harvard University’s Kennedy School of Government, that the abstractions of the Supreme Court’s moralizing over abortion ‘rights’ has led the Court into an inextricable quagmire and that such issues as abortion and euthanasia are too fundamental for judges to decide.

The topic was the right of judges to make decisions that contravene public morals and judicial activism in general. “What I am questioning is the propriety, indeed the sanity, of having value-laden decisions such as these made for the entire society … by judges,” Scalia said. He said that in some isolated cases it is possible that a court ruling against the accepted morality of the population could be beneficial, but in general that it is bad for democracy.

Citing the example of women’s suffrage that was changed by democratic means and the will of the people, Scalia said, “I believe in liberal democracy, which is a democracy that worries about the tyranny of the majority, but it is the majority itself that must draw the lines.”  Coverage from


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