John Roberts Answers Questions Regarding Abortion

May 23, 2011

4 min read

This morning at 9:30 a.m., the Senate Judiciary Committee Hearings commenced for John Robertss confirmation as Chief Justice of the Supreme Court of the United States. There was a series of questions asked by Senator Specter regarding the right to privacy recognized in Roe v. Wade. I thought John Robertss answer to the question was absolutely legally perfect and sound. Senator Specter asked if stare decisis for John Roberts is a significant legal doctrine. While acknowledging that stare decisis is important for the stability of the American legal system, Judge Roberts correctly noted that a change of circumstances can justify a decision not being followed. For instance, although the discussion focused on Roe v. Wade, John Roberts correctly noted that in Plessy v. Ferguson, the Court affirmed the separate but equal doctrine for black citizens of the United States. This horrendous legal decision was not corrected until the Supreme Courts decision in Brown v. Board of Education which overruled Plessy v. Ferguson. Thus, stare decisis did not justify continuing to hold to a legal precedent that was clearly wrong.

John Roberts, as expected, said he is not going to answer questions on cases and issues that are likely to come before the Court. This will be a theme that is seen throughout the hearing.

Posted: 9/13/2005 1:00:00 PM

Roberts Hearing Gets Underway; ACLJ Preparing New Case

At 12 oclock this afternoon, Senator Arlen Specter will gavel to order the confirmation hearing of John G. Roberts, Jr. as the 17^th Chief Justice of the United States. As you can imagine, we have been working through the weekend preparing for these hearings. You will hear quite a bit of discussion regarding 16 cases that John Roberts worked on while at the Department of Justice as a Deputy Solicitor General. These Supreme Court cases involved some of the major cultural issues of our times. A number of the cases that Senate Democrats have asked for were cases that I was involved in at the Supreme Court. For each of these cases, our offices in Washington and Virginia have prepared trial notebooks so that we can anticipate any issue that is to come up about these critical cases.

You can also expect a considerable questioning of John Roberts regarding the issue of abortion. As we have maintained from the outset, the position of the American Center for Law and Justice is that it is inappropriate to ask a nominee how they will vote on a particular case. Therefore, if, as anticipated, John Roberts is asked about how he would rule in a Roe v. Wade challenge, John Roberts should simply reply that he will not forecast a vote in any particular case. I expect the questioning on this issue to be quite intense, and it will be the focus of much debate.

This evening, I will be appearing on Hannity & Colmes to discuss the confirmation hearings. Additionally, we will be broadcasting today from Washington, DC, to give you up-to-the-minute analysis as to whats happening. We will be playing sound bytes from various members of the Senate as their opening statements begin. There is no doubt that we are at a historic crossroads with two Supreme Court vacancies. Literally, the future direction of the Supreme Court of the United States hangs in the balance. If you have not yet signed on to our petition in support of John Roberts, I want to encourage you to do so today by clicking here.

I also have several of our lawyers working on a new case developing out of Virginia. This case involves a Christian student club that is being denied the right to have Christians in leadership of the club. Our lawyers are researching the various precedents; and if we do not obtain a quick resolution from the Board of Trustees of the university, we will immediately file suit in federal court. I will keep you posted as this case continues to develop.

This week will be one of monumental importance for the country. Your prayers for John Roberts as he engages in what will be intense debate will be greatly appreciated.

Posted: 9/12/2005 9:00:00 AM