Justice Antonin Scalia defended his positions in a debate with ACLU President Nadine Strossen on Sunday.
In effect, Scalia argued that the due process of the 14th Amendment is of a legal - or legislative - mandate, and are neither absolute nor of a judicial nature. He stated that life, liberty, and property can and HAVE been deprived at all times, with the key being 'due process'. And THAT falls under the jurisdiction of legislators.
"He said unelected judges have no place deciding politically charged questions when the Constitution is silent on those issues."
He argues that liberals using the Supreme Cabal to 'get their way', was not only reckless, but foolish: "Someday you're gonna get a very conservative Supreme Cabal, and you're gonna regret that approach."