Topic: Roe v. Wade
Senator: Kohl
Date: SEPTEMBER 13, 2005
Contents
KOHL: All right. Judge, do you believe that reasonable people can disagree on Roe v. Wade? Regardless of what you think of the decision, do you believe that there is an intellectually honest approach on the other side that is worth respecting?
ROBERTS: I certainly agree that reasonable people can disagree about that decision. Yes.
KOHL: And you do, obviously, respect people on the other side of the issue?
ROBERTS: Yes.
KOHL: In Rust v. Sullivan, as deputy solicitor general, you signed brief in which you wrote, and I quote, "The court's conclusions in Roe that there is a fundamental right to an abortion and that government has no compelling interest in protecting prenatal human life throughout pregnancy find no support in the text, structure or history of the Constitution," unquote.
So does this quote jibe with your statement that you understand that reasonable people can disagree?
ROBERTS: Well, I think so, Senator. The position that you're reading from there was the position of the administration. I was one of nine lawyers on the brief in that case. It was reflecting the position that had been advanced in four prior cases, up to that point, by the administration.
ROBERTS: And we were reiterating that position. This was before the Supreme Court issued its decision in Casey. That was the view of the administration and the conclusion.
I don't think there's anything in there that suggests we think or thought that anybody at that time who disagreed was unreasonable. That was our legal position. The other side's was obviously presented in those cases.
KOHL: So you are saying here that there is no support in the text, structure or history of the Constitution for that position. That's pretty flat out, pretty straight, pretty black and white.
ROBERTS: And in those cases, the other side argued that there was. And I don't think there's anything in either of those views that suggests you don't think that reasonable people can take different positions on those questions.
Contents
Prev
Next
Last
