20.7.05

Middle of the Road

Comments Supreme Court nominee John G. Roberts has made regarding abortion:
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"We continue to believe that Roe was wrongly decided and should be overruled." — Roberts, in a 1991 Supreme Court brief he co-wrote for the first Bush administration, while he was principal deputy solicitor general.
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"The statement in the brief was my position as an advocate for a client." — Roberts, explaining the brief during his 2003 Senate Judiciary Committee hearing on his nomination to a federal appeals court.

"Roe v. Wade is the settled law of the land. It's a little more than settled. It was reaffirmed in the face of a challenge that it should be overruled in the Casey decision. Accordingly, it's the settled law of the land. There's nothing in my personal views that would prevent me from fully and faithfully applying that precedent, as well as Casey." — Roberts, during the confirmation hearing, when asked for his own views on Roe v. Wade.
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"I don't think it's appropriate for me to criticize it as judicial activism. ... My definition of judicial activism is when the court departs from applying the rule of law and undertakes legislative or executive decisions." — Roberts, during the confirmation hearing, on whether Roe v. Wade was judicial activism.
Just putting that out there.

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