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Balanced Fare: We Report, You Deride

Sunday, August 24, 2003

Now TAPPED Agrees With SC Justice Scalia


JUDGE NOT. Roy Moore is unfit to be a judge. That's the only conclusion we can draw from this New York Times article, in which Moore seems to believe that when civil laws -- and his oath to uphold them -- conflict with his religious beliefs, the latter should win. Tapped has no problem with people believing there's a higher law than human law. But if you're a judge, you need to enforce the latter. And if he can't do so in good conscience, as Moore says, he should resign immediately.

Antonin Scalia:

I pause here to emphasize the point that in my view the choice for the judge who believes the death penalty to be immoral is resignation, rather than simply ignoring duly enacted, constitutional laws and sabotaging death penalty cases. He has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of his own. Of course if he feels strongly enough he can go beyond mere resignation and lead a political campaign to abolish the death penalty—and if that fails, lead a revolution. But rewrite the laws he cannot do.

Resign and run for Governor, Roy. In this case, less is Moore.

Oh, a photo of Roy's Rock.

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