Friday, January 20, 2012

Scalia: Throw Out Phony Undue Burden Test

Scalia: Throw Out Phony Undue Burden Test on Abortion Laws | LifeNews.com: U.S. Supreme Court Justice Antonin Scalia is prepared to discard a major precedent in abortion law when considering a future challenge to state regulations of abortion clinics, such as those approved in Virginia, Kansas and South Carolina.

A self-described “originalist”, Scalia addressed a meeting of Washington, D.C. attorneys Thursday, affirming that the 14th amendment confers rights to the states. But he repeated his long-held view that the Constitution is silent on abortion and that judges should stay out of the issue. Scalia mocked the so-called ‘undue burden’ principle on accessing abortion thusly:

“So I run to the law books to see what an ‘undue burden’ is,” Scalia said. “What do you know, for 200 years, no burden was an undue burden. You could prohibit it. So I can’t use the law books.”

Editor: So is any burden too burdensome? This is why I'm not a lawyer.

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