John Roberts in Alito Confirmation Hearings

On Abortion: Roe v. Wade is more than settled as precedent

SEN. SPECTER [as read into the record by Sen. Feinstein]: "Judge Roberts, in your confirmation hearing for the circuit court you testified: 'Roe is the settled law of the land.' Do you mean settled for you, settled only for your capacity as a circuit judge, or settled beyond that?"

ROBERTS: "Well, beyond that. It's settled as a precedent of the court, entitled to respect under principles of stare decisis. And those principles, applied in the Casey case, explain when cases should be revisited and when they should not. And it is settled as a precedent of the court, yes."

SPECTER: "You went on to say then, '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, so it has added precedental value.'"

ROBERTS: "I think the initial question for the judge confronting an issue in this area, you don't go straight to the Roe decision. You begin with Casey, which modified the Roe framework and reaffirmed its central holding."

Source: Sam Alito Senate Confirmation Hearings Jan 11, 2006

The above quotations are from Samuel Alito, Senate confirmation hearings for his Supreme Court nomination, January 2006 (plus commentary). Click here for a profile of John Roberts.
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