Thursday, August 11, 2005

John Roberts May Not Think Abortion Law "Settled" After All

From LifeNews.com:

Observers of the confirmation process for Supreme Court nominee John Roberts have been trying to dissect his views on abortion. In a legal brief for the administration for former President Bush, Roberts argued Roe v. Wade was bad law and should be overturned. Later, in his 2003 appeals court nomination hearings, he called Roe "settled law."

In an effort to explain Roberts' views, Attorney General Alberto Gonzales, last month, said Roberts was required to say Roe was "settled law" because appeals court judges are not expected to overturn high court precedent.

That left it open for Roberts to decide, as a member of the Supreme Court, that Roe v. Wade could be overturned.

In a Tuesday meeting with Oregon Sen. Ron Wyden, a Democrat, Roberts confirmed that suspicion.

Wyden said he was concerned by Roberts' answer to a question he posed about whether he still believed the Roe abortion decision is settled law.

Roberts told Wyden the notion of "settled law" depends on what court one is a member of -- opening himself up to the possibility of overturning Roe. The Supreme Court is clearly different from the Court of Appeals, Roberts explained.