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Roberts: Precedent Important for Abortion
AP (via S.F. Chronicle) ^ | 9/13/2005 | JESSE J. HOLLAND

Posted on 09/13/2005 7:51:01 AM PDT by Rutles4Ever

Supreme Court nominee John Roberts said Tuesday that the landmark 1973 ruling on abortion was "settled as a precedent of the court" as he was immediately pressed to address the divisive issue on the second day of his confirmation hearings.

"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 dismissed any suggestion that his Catholic faith would influence his decisions if he was confirmed to be the nation's 17th chief justice. The Roman Catholic Church strongly opposes abortion.

Questioned about rights of privacy, the appellate judge cited various amendments of the Constitution that he said protect those rights, and said, "I do think the right to privacy is protected under the Constitution in various ways."

Roberts noted that the Supreme Court itself upheld the basics of Roe v. Wade in a 1992 case, Casey v. Planned Parenthood.

(Excerpt) Read more at sfgate.com ...


TOPICS: Government
KEYWORDS: abortion; johnroberts; roberts; robertsscotus; roevwade; scotus
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To: kabar
I completely agree.

Dred Scott was a SCOTUS decision.
Plessy v Ferguson was a SCOTUS decision.

The Court can be wrong. Bad decisions by the Court ought to be overturned. The Liberals would be the first to agree with that (they like Brown v Bd of Education a lot better than Plessy).

Roberts supports stare decisis, as he should. But he is not bound by past decisions (and he knows it).

21 posted on 09/13/2005 8:40:59 AM PDT by ClearCase_guy
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To: Rutles4Ever
"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.

If Roe vs Wade is "settled" then that word has absolutely no meaning. It is the most controversial SCOTUS decision that's still standing, and not merely because a lot of people don't like the outcome. There's serious disagreement, even among pro-abortion liberals, about the legal validity of that opinion. It's anything but "settled".

22 posted on 09/13/2005 8:41:32 AM PDT by inquest (FTAA delenda est)
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To: Rutles4Ever
"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.

The decision to permit the wholesale slaughter of 45 million unborn children is entitled to "respect" because of legal tradition/precedent? This is a disgusting statement!

Roberts dismissed any suggestion that his Catholic faith would influence his decisions if he was confirmed to be the nation's 17th chief justice. The Roman Catholic Church strongly opposes abortion.

This statement is even more appalling since Catholics believe that the Church is "the pillar and foundation of truth" -- the Church that Christ founded. Jesus warned us that "whosoever shall deny me before men, him will I also deny before my Father."

Catholic teaching must enform every aspect of a Catholic's intellectual life. This should not be problematic for non-Catholics, since Catholic teaching regarding the political order follows the natural law, which is knowable to all people. Catholics are obligated not to impose particularly Catholic doctrines on non-Catholics.

Roberts is either woefully ignorant of Catholic teaching or a coward. Neither characteristic testifies to good judgement or character.

23 posted on 09/13/2005 8:44:03 AM PDT by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: harris33
Roberts is a Harvard educated elitist liberal. Just like Bush.

Give me a break. What makes Bush a liberal?

24 posted on 09/13/2005 8:49:02 AM PDT by Lunatic Fringe (North Texas Solutions http://ntxsolutions.com)
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This does not look good.


25 posted on 09/13/2005 8:52:58 AM PDT by Tim Long (Conservatism: It's the choice of a smart generation.)
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To: Aquinasfan

There is also a gray area here, in that, theologically speaking, it could be argued that this panel is not "entitled to the truth" regarding Roberts' pos. on abortion. Like having a Nazi show up on your doorstep and asking for the Jews in your attic during WWII. In that case, the Nazi soldier would not be entitled to the truth, which would render unsinful the subsequent lie that "there are no Jews in my attack".

That said, it gets a little dicey because he took an oath to testify truthfully. Does the unentitlement to truth trump the oath? If the Nazi pulled out a Bible and told you to take an oath before God that you're not hiding Jews, is the oath immediately null and void under duress?

I'm looking for a silver lining, I admit. But there is a case to be made where there is an absence of justice, certain parties are not entitled to the truth...


26 posted on 09/13/2005 8:56:41 AM PDT by Rutles4Ever
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To: GarySpFc

Based on today's hearings, there's lots of wiggle room. He said that stare decisis is less important in deciding cases involving constitutional rights than it is in deciding cases involving statutory interpretation. That's because the only ways that an incorrect Supreme Court decisions on the Constitution can be corrected are (a) a subsequent opinion by the Supreme Court or (b) a consitutional amendment. On the other hand, an incorrect Supreme Court decision on a federal or state constitution can be corrected by a subsequent statute or statutory amendment as well as by a subsequent opinion.


27 posted on 09/13/2005 8:59:59 AM PDT by Piranha
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To: Rutles4Ever

Don't look for Roberts to overturn Roe vs. Wade. I am beginning to wonder if Roberts is a conservative or whether he is a moderate leaning liberal???


28 posted on 09/13/2005 9:44:44 AM PDT by teletech (Friends don't let friends vote DemocRAT)
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To: Rutles4Ever
"It's settled as a precedent of the court, entitled to respect under principles of stare decisis,"

None of which says he wouldn't vote to overturn it. I pray he does.

29 posted on 09/13/2005 10:10:13 AM PDT by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: Rutles4Ever
The best we can hope for is that Roberts is a lying to get the job. Not encouraging.

This is what conservatives get for allowing the Republicans to play Russian roulette with judicial nominees. Until we demand Scalia-like originalists and hold the Republicans accountable if they don't appoint such justices, the court is going to remain the same.

Compare that to Clinton and the Democrats, which didn't once fail to appoint and confirm a sure thing.

30 posted on 09/13/2005 10:24:07 AM PDT by Ol' Sparky
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To: EagleUSA

Yes, let's hope Roberts is lying and that we haven't been given yet another Souter, O'Connor or Kennedy.


31 posted on 09/13/2005 10:25:20 AM PDT by Ol' Sparky
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To: kabar
Or maybe he is being honest and means what he says -- that precedent in regard to Roe should be overturned. If that's true, it will be late to do anything about another yet another moderate or liberal appointed to the court by a Republican President.

It might be a good idea to demand Republicans keep their promises and nominated a verifiable orginalist in the future and hold them accountable if they don't at the ballot box.

32 posted on 09/13/2005 10:29:11 AM PDT by Ol' Sparky
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To: teletech
Don't look for Roberts to overturn Roe vs. Wade. I am beginning to wonder if Roberts is a conservative or whether he is a moderate leaning liberal???

How many times are conservatives in general going to allow this to happen without holding the Republican party accountable?

With a Republican President in the White House and 55 Republican Senators, we shouldn't have to wonder if a nominee, in this case one replacing an originalist that was opposed to Roe, is conservative or not.

It's outrageous that conservatives as a group could be stupid enough to let the Republicans get away with failing to appoint originalists opposed to Roe to the court.

33 posted on 09/13/2005 10:31:52 AM PDT by Ol' Sparky
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To: Ol' Sparky
Yes, let's hope Roberts is lying and that we haven't been given yet another Souter, O'Connor or Kennedy.

It's not a good sign when our best hope is that the nominee dishonestly answers questions in a formal hearing.

Either way, he is the wrong choice for the Supreme Court.

34 posted on 09/13/2005 10:34:52 AM PDT by Gelato
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To: Rutles4Ever
If the Nazi pulled out a Bible and told you to take an oath before God that you're not hiding Jews, is the oath immediately null and void under duress?

That is a highly exteme situation. People have an obligation to protect their neighbors from immediate danger to their lives. Roberts does not have the obligation or even an entitlement to be Chief Justice. Lying is an unacceptable method of getting there - period.

35 posted on 09/13/2005 10:59:38 AM PDT by inquest (FTAA delenda est)
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To: Rutles4Ever

WGST radio news in Atlanta announced immediately after this that Roberts had promised to uphold Roe.


36 posted on 09/13/2005 11:10:01 AM PDT by madprof98
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To: Rutles4Ever

I'd rather he rely on the Constitution. If he relies on his personal conscience to formulate judicial decisions, he's no different than a liberal judicial activist.


37 posted on 09/13/2005 11:13:08 AM PDT by MarcusTulliusCicero
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To: madprof98
WGST radio news in Atlanta announced immediately after this that Roberts had promised to uphold Roe.

Did they actually quote him directly, or was the announcer saying it in his own words?

38 posted on 09/13/2005 11:17:28 AM PDT by inquest (FTAA delenda est)
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To: inquest

The newscaster summed up his testimony that way.


39 posted on 09/13/2005 11:19:27 AM PDT by madprof98
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To: inquest

Article Six of the U.S. Constitution specifically states that, '...no religious test shall ever be required as a qualification to any office or public trust'".

So the Democrats have created a scenario where the constitution is being violated, and Roberts has to play into their hands?


40 posted on 09/13/2005 11:30:53 AM PDT by Rutles4Ever
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