Supreme Court A Political Institution, Scalia Says
By David E. Leiva
The justice told a gathering of about 700 at the College of William and Mary that his colleagues misinterpret the Constitution as something that must change with the times.
Scalia defended his strict interpretation of the Constitution as a "very efficient system" that answers questions regarding gay and abortion rights, the death penalty and assisted suicides.
"I cannot do the horrible, conservative things I would like to do to society," Scalia said, adding that he believes he must follow the script laid down by the Founding Fathers.
Scalia, a Reagan appointee considered the most conservative on the court, said his rulings are not based on social preferences but rather how the Constitution should be applied.
"I don't like bearded sandal-wearing weirdos burning the flag," he said, but he voted in favor of the ruling that gives people the right to do so under the First Amendment.
Scalia blasted the interrogation process that federal judicial appointees now must go through, citing the case of Miguel Estrada. He referred to the defeat of a conservative Bush nominee to a federal appeals post, who withdrew in the face of strong opposition by Senate liberals.
"The people have come to realize that we're not looking for good lawyers anymore," Scalia said. "That's what we used to do."
Instead, he said, political views are paramount, with abortion the litmus test.
This subjects the Constitution to control by the party in power, Scalia said, giving control to the legislative branch that it's meant to protect against.
Asked whether the issue of gay marriage would come before the Supreme Court, the justice said it would likely be brought up in the context of whether laws in one state must be recognized in another.
"That's probably how it will come up," he said. "I don't know how it will come out."
Scalia did not mention controvery surrounding a duck hunting trip he took with Vice President Dick Cheney to Louisiana earlier this year. The trip came shortly after the Supreme Court agreed to consider a privacy case involving Cheney's energy task force.
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