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Supreme Court: September 13, 2005
Roberts Respects the Precedent of Prior Abortion Decisions
Supreme Court nominee John Roberts on Tuesday said the infamous Roe v. Wade decision, which brought abortion to the United States, was settled precedent. He also re-iterated and emphasized statements made on Monday regarding the role of prior Supreme Court rulings.
"It's settled as a precedent of the court, entitled to respect under principles of stare decisis," the concept that long-settled decisions should be given extra weight, Roberts told the Senate Judiciary Committee.
Roberts also noted that the Supreme Court itself upheld the basics of Roe v. Wade in a 1992 case, Casey v. Planned Parenthood.
It appears that Roberts' statements were made after being pressed by Sen. Alrene Specter on whether the abortion ruling was settled law. Roberts responded, "Well, beyond that, it's settled as a precedent of the court, entitled to respect under principles of stare decisis. And those principles, applied in the Casey case, explain when cases should be revisited and when they should not."
"I think it is a jolt to the legal system when you overturn precedent," Roberts said. "It is not enough that you may think that a prior decision was wrongly decided."
It would probably be beneficial to read the full transcript of the exchange leading to Roberts' statements. Yet, news reports suggesting that he agrees that precedent settles abortion are discouraging (to say the least). In addition, when questioned about his faith, the nominee asserted, "There's nothing in my personal views based on faith or other sources that would prevent me from applying the precedent of the court faithfully under the principles of stare decisis."
Update:
Interestingly, further news reports indicate Roberts declined to comment on Roe v. Wade beyond the principle of stare decisis and stated in "rare" cases prior precedent could be overturned. A lawyer quoted by Confirm them calls Roberts' remarks "carefully framed to provide a basis for revisiting and overturning Roe in the future" (HT: Christian Coalition Blog).
The Rev. Rob Schenck, president of the conservative National Clergy Council, was present in the US Senate Hart Building hearing room today when Supreme Court chief justice nominee John Roberts was grilled by Judiciary Chairman Arlen Specter on Roe v. Wade.
Rev. Schenck released this statement this morning:
"After an initial round of questions on Roe, one of the most difficult issues that John Roberts will face during his confirmation process, it would appear that he is being in the words of Christ, 'as wise as a serpent, yet harmless as a dove.' There remain many more questions and answers, but I like what I see so far and I'm sure millions of others do as well."
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