Bench Memos

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Flattery Will Get You Nowhere


In response to my elementary demonstration that the Scalia position on abortion is (if one is going to use political labels) the genuinely moderate one, “Armando” of Daily Kos–the loony Left’s favorite website–calls my argument “as asinine an argument as I have ever run across” and says it “demonstrates a misunderstanding of Constitutional principles of epic proportions.” Sadly, Armando provides nothing in the way of argument to support this grand distinction he would bestow on me.

Armando exclaims: “No kidding. This is news how? Do they [there's no actual referent for this pronoun--funny, isn't it, how often poor grammar and poor thinking go together?--but the context indicates that he's referring to those sharing my view] expect the Constitution to take a specific position on abortion?” (Emphasis added.)

Well, no, I don’t expect the Constitution to take a specific position on abortion–at least certainly not a pro-abortion position–because I think it ludicrous to suggest that the drafters or ratifiers of any provision of the Constitution intended to protect abortion from the ordinary democratic processes. For, surely, if they so intended, it would be entirely reasonable for–indeed, incumbent on–them to specify (or at least signal in some way) such an extraordinary departure from the basic ground rules of American government.

Poor Armando has apparently absorbed the rudiments (“compelling state interest,” “right to privacy”) of modern judge-made constitutional law without understanding anything about the system of government that the Constitution created.


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