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" "The point at which life becomes 'worthless,' and the point at which the means necessary to preserve it become 'extraordinary' or 'inappropriate,' are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory...[therefore] even when it is demonstrated by clear and convincing evidence that a patient no longer wishes certain measures to be taken to preserve her life, it is up to the citizens of Missouri to decide, through their elected representatives, whether that wish will be honored.
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States, who served for 29 years, from 1986 until his death. He was appointed to the Court by U.S. President Ronald Reagan in 1986.
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It is one of the unhappy incidents of the federal system that a self-righteous Supreme Court, acting on its Members' personal view of what would make a 'more perfect Union' (a criterion only slightly more restrictive than a 'more perfect world') can impose its own favored social and economic dispositions nationwide.
As I understand the various opinions today: One Justice holds that two-parent notification is unconstitutional (at least in present circumstances) without judicial bypass, but constitutional with bypass […]; four Justices would hold that two-parent notification is constitutional with or without bypass […]; four Justices would hold that two-parent notification is unconstitutional with or without bypass, though the four apply two different standards […]; six Justices hold that one-parent notification with bypass is constitutional, though for two different sets of reasons […]; and three Justices would hold that one-parent notification with bypass is unconstitutional […]. One will search in vain the document we are supposed to be construing for text that provides the basis for the argument over these distinctions and will find in our society’s tradition regarding abortion no hint that the distinctions are constitutionally relevant, much less any indication how a constitutional argument about them ought to be resolved. The random and unpredictable results of our consequently unchanneled individual views make it increasingly evident, Term after Term, that the tools for this job are not to be found in the lawyer’s – and hence not in the judges – workbox. I continue to dissent from this enterprise of devising an Abortion Code, and from the illusion that we have authority to do so.