Cross Posted From Article of Faith:
There are several sure signs that Fall is in the air…the leaves change, the temperatures dip, the Supreme Court begins its term the first Monday in October, and Justice Antonin “El Nino” Scalia starts melting down publicly about this and that.
“Justice Antonin Scalia on Sunday defended some of his Supreme Court opinions, arguing that nothing in the Constitution supports abortion rights and the use of race in school admissions.
“Scalia, a leading conservative voice on the high court, sparred in a one-hour televised debate with American Civil Liberties Union president Nadine Strossen. He said unelected judges have no place deciding politically charged questions when the Constitution is silent on those issues.”
Right, even when the Constitution isn’t silent on those issues, but that’s another topic. Here’s what was scary:
Arguing that liberal judges in the past improperly established new political rights such as abortion, Scalia warned, “Someday, you’re going to get a very conservative Supreme Court and regret that approach.”
I rarely agree with El Nino on anything, but on this point he’s dead on. This is why the midterm elections three weeks from today are so important, and why the Senate needs to fall back to Democratic hands. If heaven forbid something were to happen to Justice John Paul Stevens, who is 86 years old and one of the leading liberal voices on the court, between now and 2008, Bush would have the chance to swing the court inevitably to the right for a generation. At least a Democratic Senate would be able to stop another Scalia or “Scalito” from getting on the court before Bush can be replaced (or removed) at the end of ’08.
Put it this way: the last thing we need to do is replace Justice Stevens with someone who thinks the Constitution is “silent on controversial issues like homosexual sodomy, abortion, race” and so forth.