Antonin Scalia Doesn’t Think The Constitution Protects Women’s Rights
Supreme Court Justice Antonin Scalia says if women want equality, they have to fight for it legislatively because it’s not guaranteed in the Constitution (via Political Wire). He tells California Lawyer he believes in “enduring” Constitution, not an “evolving” one.
“Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.”
Does that mean Scalia believe he’s a superannuated judge who has served too long?