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Scalia says judges who reject death penalty should resign. (Nation).

In an address at Georgetown University Feb. 4, Supreme Court Justice Antonin Scalia said that not only is he justified in disagreeing with the Catholic church's opposition to the death penalty, but that Catholic judges who oppose capital punishment should resign.

A jurist who doesn't think the government has a fight to execute criminals has no fight to be on the bench in a society where the death penalty is constitutional, he said.

Repeating justifications he offered Jan. 25 at a conference in Chicago on the death penalty, he said that became the pope has not spoken "ex cathedra" in opposition to capital punishment, there's no reason that as a Catholic he should not only approve of it but consider it a duty of the state (NCR, Feb. 8).

Scalia, who votes on the court to support restrictions on abortion, also said the moral obligation of a judge is different in cases involving abortion and those about capital punishment. In abortion cases, judges who rule to permit abortion are simply not intervening in an action a woman takes herself, he said. But in capital punishment cases, it is affirmatively the action of a judge that means someone loses his life, he said.
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Title Annotation:Antonin Scalia
Author:Donovan, Gill
Publication:National Catholic Reporter
Article Type:Brief Article
Geographic Code:1USA
Date:Feb 15, 2002
Previous Article:Addenda. (Briefs).
Next Article:Women's ordination advocate arrested at cathedral. (Nation).

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