Tuesday, September 20, 2005

Not too reassuring

The conservative National Review thinks that Roberts' performance in his Senate confirmation hearings both tricked Sen. Specter (who has now endorsed his approval) and gave clues, for those in the know, that he may well hope to overthrow Roe v. Wade.
It is a testament to Roberts's skills as an advocate that his remarks at his confirmation hearing on abortion and stare decisis have been understood by Specter and many other supporters of Roe as suggesting that he would not vote to overrule Roe. What seems not to have been noticed is that Roberts in fact deftly repudiated Specter's notion that Roe is some sort of "super-duper precedent" entitled to "super stare decisis." In so doing, he marked the path for the eventual overruling of Roe.
scales of justiceOf course, everybody is guessing, but I sort of prefer to see the conservatives as unhappy over the uncertainty (see, e.g., this) as the liberals are . . .

(via How Appealing)

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