Justice Scalia Debates ACLU President

The Associated Press is reporting on a recent debate between Justice Scalia and the ACLU President on CSPAN.

Justice Antonin Scalia on Sunday defended some of his Supreme Court opinions, arguing that nothing in the Constitution supports abortion rights and the use of race in school admissions.

Scalia, a leading conservative voice on the high court, sparred in a one-hour televised debate with American Civil Liberties Union president Nadine Strossen. He said unelected judges have no place deciding politically charged questions when the Constitution is silent on those issues.

Arguing that liberal judges in the past improperly established new political rights such as abortion, Scalia warned, “Someday, you’re going to get a very conservative Supreme Court and regret that approach.”

“On controversial issues on stuff like homosexual rights, abortion, we debate with each other and persuade each other and vote on it either through representatives or a constitutional amendment,” the Reagan appointee said.

“Whether it’s good or bad is not my job. My job is simply to say if those things you find desirable are contained in the Constitution,” he said.

Strossen countered that such a legal approach would have barred the landmark 1954 ruling in Brown v. Board of Education, a unanimous decision outlawing racial segregation in public schools.

“There are some rights that are so fundamental that no majority can take them away from any minority, no matter how small or unpopular that minority might be,” she said. “And who is better positioned to represent and defend and be the ultimate backstop for rights of individuals and minorities than those who are not directly accountable in the electoral process — namely federal judges?”
. . .
During Sunday’s debate, Scalia outlined his judicial philosophy of interpreting the Constitution according to its text, as understood at the time it was adopted. He reiterated that race has no place in school admissions, a viewpoint that put him on the losing side in 2003.

“The Constitution very clearly forbids discrimination on the basis of race,” Scalia said in response to a question by moderator Pete Williams of NBC. “It doesn’t seem to me to allow Michigan to say we think it’s good to discriminate on the basis of race when you want to make sure everyone is exposed to different backgrounds. We cannot use race as the test of diversity.”

Scalia, who marked his 20th anniversary on the court last month, generally finds himself taking the opposite position to the ACLU. Most notably, he wrote a majority 5-4 opinion last term giving police more leeway to enter private homes.

He also unsuccessfully sided with the government in cases where the court struck down Ten Commandments displays in Kentucky courthouses and declared that the military commissions President Bush established to try suspected al-Qaida members were unconstitutional.

But during Sunday’s debate, Scalia noted there were cases in which he and the ACLU agreed. They included rulings upholding flag burning and a 2004 opinion arguing that a U.S. citizen seized in Afghanistan in wartime could challenge his detention as an enemy combatant in U.S. courts.

(Posted by Trask)

Married Couples Now Minorities

The New York Times is reporting that changing social norms has placed married couples in the minority.

Married couples, whose numbers have been declining for decades as a proportion of American households, have finally slipped into a minority, according to an analysis of new census figures by The New York Times.

The American Community Survey, released this month by the Census Bureau, found that 49.7 percent, or 55.2 million, of the nation’s 111.1 million households in 2005 were made up of married couples — with and without children — just shy of a majority and down from more than 52 percent five years earlier.

The numbers by no means suggests marriage is dead or necessarily that a tipping point has been reached. The total number of married couples is higher than ever, and most Americans eventually marry. But marriage has been facing more competition. A growing number of adults are spending more of their lives single or living unmarried with partners, and the potential social and economic implications are profound.
. . .
Couples decide to live together for many reasons, but real estate can be as compelling as romance.

“Owning three toothbrushes and finding that they are always at the wrong house when you are getting ready to go to bed wears on you,” said Amanda Hawn, a 28-year-old writer who set up housekeeping near San Francisco with her boyfriend, Nate Larsen, a real estate analyst, after shuttling between his apartment and one she shared with a friend. “Moving in together has simplified life,” Ms. Hawn said.

The census survey estimated that 5.2 million couples, a little more than 5 percent of households, were unmarried opposite-sex partners. An additional 413,000 households were male couples, and 363,000 were female couples. In all, nearly one in 10 couples were unmarried. (One in 20 households consisted of people living alone).

And the numbers of unmarried couples are growing. Since 2000, those identifying themselves as unmarried opposite-sex couples rose by about 14 percent, male couples by 24 percent and female couples by 12 percent.
. . .
Steve Watters, the director of young adults for Focus on the Family, a conservative Christian group, said that the trend of fewer married couples was more a reflection of delaying marriage than rejection of it.

“It does show that a lot of people are experimenting with alternatives before they get there,” Mr. Watters said. “The biggest concern is that those who still aspire to marriage are going to find fewer models. They’re also finding they’ve gotten so good at being single it’s hard to be at one with another person.”
. . .
A number of couples interviewed agreed that cohabiting was akin to taking a test drive and, given the scarcity of affordable apartments and homes, also a matter of convenience. Some said that pregnancy was the only thing that would prompt them to make a legal commitment soon. Others said they never intended to marry. A few of those couples said they were inspired by solidarity with gay and lesbian couples who cannot legally marry in most states.

Jennifer Lynch, a 28-year-old stage manager in New York, said she had lived on the Lower East Side with her boyfriend, who is 37 and divorced, for most of the five years they have been a couple.

“Cohabitating is our choice, and we have no intention to be married,” Ms. Lynch said. “There is little difference between what we do and what married people do. We love each other, exist together, all of our decisions are based upon each other. Everyone we care about knows this.”

If anything, she added, “not having the false security of wedding rings makes us work even a little harder.”

With more competition from other ways of living, the proportion of married couples has been shrinking for decades. In 1930, they accounted for about 84 percent of households. By 1990 the proportion of married couples had declined to about 56 percent.

(Posted by Trask)