Scalia in The Dissent

by Shannen W. Coffin

As usual Justice Scalia gets it just right in his dissent. Pointing out the hypocrisy of the majority, which clings desparately to “stare decisis” and readily disregards the will of the majority of states when it suits its needs (as in the abortion context), Scalia writes:

In other contexts where individualized consideration
is provided, we have recognized that at least
some minors will be mature enough to make difficult
decisions that involve moral considerations. For instance,
we have struck down abortion statutes that do not allow
minors deemed mature by courts to bypass parental notification
provisions. See, e.g., Bellotti v. Baird, 443 U. S.
622, 643.644 (1979) (opinion of Powell, J.); Planned Parenthood
of Central Mo. v. Danforth, 428 U. S. 52, 74.75
(1976). It is hard to see why this context should be any
different. Whether to obtain an abortion is surely a much
more complex decision for a young person than whether to
kill an innocent person in cold blood.