Wednesday, September 2, 2015

Do your job or resign

In 2002, Supreme Court Justice Antonin Scalia explained that if he were to conclude that the death penalty is fundamentally immoral, he should no longer serve on the bench:

[I]n 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.
Although Justice Scalia was not addressing the Kim Davis case in these remarks, it is noteworthy that -- to the best of my knowledge -- he did not dissent from the court's refusal to grant her recent request that the court issue an emergency stay in her case, despite his record as a vocal opponent of same-sex marriage.

1 comment:

  1. It seems the honorable thing to do when your morals do not gel with your job description,

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