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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?

To: Neocon who wrote (63540)	11/18/1999 12:09:00 PM
From: Null Dog Ago	Read Replies (1) \| Respond to of 108807

Neo, leave it to you to dig up the facts. Hey! Love Shack is playing, sorry guys, gotta get up and dance like a crazy nut!

To: Neocon who wrote (63540)	11/18/1999 1:44:00 PM
From: Neocon	Respond to of 108807

This is Scalia's key paragraph in Casey: The emptiness of the "reasoned judgment" that produced Roe is displayed in plain view by the fact that, after more than 19 years of effort by some of the brightest (and most determined) legal minds in the country, after more than 10 cases upholding abortion rights in this Court, and after dozens upon dozens of amicus briefs submitted in this and other cases, the best the Court can do to explain how it is that the word "liberty" must be thought to include the right to destroy human fetuses is to rattle off a collection of adjectives that simply decorate a value judgment and conceal a political choice. The right to abort, we are told, inheres in "liberty" because it is among "a person's most basic decisions," ante, at 7; it involves a "most intimate and personal choic[e]," ante, at 9; it is "central to personal dignity and autonomy," ibid.; it "originate[s] within the zone of conscience and belief," ibid.; it is "too intimate and personal" for state interference, ante, at 10; it reflects "intimate views" of a "deep, personal character," ante, at 11; it involves "intimate relationships," and notions of "personal autonomy and bodily integrity," ante, at 15; and it concerns a particularly " 'important decisio[n],' " ante, at 16 (citationomitted). [n.2] But it is obvious to anyone applying "reasoned judgment" that the same adjectives can be applied to many forms of conduct that this Court (including one of the Justices in today's majority, see Bowers v. Hardwick, 478 U.S. 186 (1986)) has held are not entitled to constitutional protection--because, like abortion, they are forms of conduct that have long been criminalized in American society. Those adjectives might be applied, for example, to homosexual sodomy, polygamy, adult incest, and suicide, all of which are equally "intimate" and "deep[ly] personal" decisions involving "personal autonomy and bodily integrity," and all of which can constitutionally be proscribed because it is our unquestionable constitutional tradition that they are proscribable. It is not reasoned judgment that supports the Court's decision; only personal predilection........