Roberts Avoids Specifics on Abortion

WASHINGTON — In a sometimes testy hearing marked by tart exchanges with Democrats, chief justice nominee John Roberts would not say Tuesday if he’d vote to overturn the 1973 ruling that legalized abortion nationwide.

But Roberts did say he believes there is a constitutional right to privacy, and he said the Roe v. Wade ruling is “settled as precedent” that must be viewed with respect by judges.

Appearing before the Senate Judiciary Committee, Roberts repeatedly declined to answer specific questions about his views on several issues, including civil rights and limits on presidential power. He said he was following the precedent of prior nominees.

At one point, Sen. Joseph Biden, D-Del., accused Roberts of “filibustering.” Roberts, cool under fire, argued that he should not answer specific questions on issues that he might have to rule on if he is confirmed to the Supreme Court.

Doing so would be a “total distortion and a perversion” of the judicial process, Roberts said during the second day of Senate hearings on his nomination to succeed the late William Rehnquist.

Biden, whose exchange with Roberts was one of the most spirited of the hearing, told the nominee at one point: “Go ahead and continue not to answer.” Biden also complained that Roberts’ answers were “misleading.”

Snapped panel Chairman Arlen Specter, R-Pa.: “They may be misleading, but they are his answers.” Roberts’ retort: “With respect, they are my answers, and … they are not misleading.”

The combative tone of the hearing led two of the committee’s Republicans — Lindsey Graham of South Carolina and Jeff Sessions of Alabama — to question whether any of the panel’s eight Democrats would vote for Roberts.

Graham said the nomination may mark the end of an era in which most Supreme Court nominees won strong bipartisan approval. He noted that liberal Justice Ruth Bader Ginsburg was confirmed in 1993 with 96 of the 100 votes in the Senate. Graham said Republicans, who hold 55 Senate seats, will retaliate “if the Democratic Party votes against him (Roberts) en masse because of his (conservative) philosophy.”

On abortion, Roberts said he regards Roe v. Wade and a 1992 ruling that upheld a woman’s right to end a pregnancy as settled precedent. He endorsed stare decisis, the concept that long-established precedents should settle an issue except in special circumstances. “I do think it is a jolt to the legal system” when the high court reverses a precedent, Roberts said.

But Roberts left the door open to overturning Roe v. Wade or Planned Parenthood v. Casey, the 1992 ruling. Specter, a Republican who supports abortion rights, tried to get Roberts to affirm Roe as a “super-duper precedent” in light of Casey and other cases that reinforced Roe. Roberts declined.

Roberts drew complaints from Biden and other Democrats, but Sen. Dick Durbin, D-Ill., an abortion rights supporter, said he was encouraged that Roberts said there is a constitutional right to privacy, a pillar of the Roe decision. Durbin said Roberts left open the possibility that he, unlike Rehnquist, might back abortion rights.

Roberts opponent Nan Aron of the Alliance for Justice, however, said the nominee said nothing that “would give any woman who believes in reproductive rights and freedom any comfort.”

Of the eight remaining justices, six have backed abortion rights. One of those — Sandra Day O’Connor — is retiring. President Bush is likely to nominate a replacement for her after the Senate votes on Roberts. Specter wants a Senate vote this month. If approved, Roberts could take office by Oct. 3, the start of the high court’s annual term.

Contributing: Toni Locy and Bill Nichols