In a speech so outrageous that, for a second, I was certain that it had to have been written by the folks at The Onion, Justice Scalia argued that deviation from strict interpretation of the Constitution had led to a judicial “right” to abortion and decriminalized homosexual conduct.
The remarks were made at a University of Richmond luncheon lecture entitled “Do Words Matter?” The Supreme Court Justice stated that the high court had distorted the meaning of “due process,” and had “made up” a concept of due process that turned the Constitution into a gateway for legal abortion and other behaviors, which the constitutional authors never intended and viewed as criminal.
“The due process clause has been distorted so it’s no longer a guarantee of process but a guarantee of liberty,” Scalia expounded. “But some of the liberties the Supreme Court has found to be protected by that word – liberty – nobody thought constituted a liberty when the 14th Amendment was adopted. Homosexual sodomy? It was criminal in all the states. Abortion? It was criminal in all the states.”
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