Word: roe
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Dates: during 1990-1999
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...know for an absolute fact that neither I nor John Sununu, nor indeed the President of the United States, knows David Souter's views with any precision on the whole question of Roe v. Wade and Webster...
Their optimism is misplaced, but even if they are right, a political time + bomb is ticking. If a Justice Souter votes to weaken or overturn Roe v. Wade before Bush faces re-election in 1992, the President will be castigated for having smuggled an abortion foe onto the court without a fair fight. Few will believe that Bush didn't know all along that Souter would affirm the Republican Party's call to gut the landmark abortion-rights decision...
...apparently realizes that regardless of where a nominee stands on an issue, a candidate for the high court owes the nation an account of why he stands there. Some people who are close to Souter say he has already decided to discuss the right to privacy on which Roe rests. Many conservatives (and some liberals, including the late Justice Hugo Black) insist privacy is an invented liberty without constitutional foundation. Let Souter second Black, if that be his position, and then echo those liberal scholars like Raoul Berger who say Roe was wrongly decided (although Berger, at least, applauds...
Whether candor can win the day for Souter is another matter. Some Senators believe he could deny a constitutional right to privacy and still prevail, provided his reported respect for precedent convinces the Senate he might leave Roe alone anyway. If that is indeed the message Souter wishes to convey, he could do worse than borrow from Robert Bork. "Many court results decided incorrectly have been left in place because tearing them up would create chaos," says Bork...
Would such a stance wash? Perhaps, but "the stakes are much higher this time," says Senator Arlen Specter, a Pennsylvania Republican whose opposition doomed Bork's 1987 court nomination. "Bork's vote to overturn Roe would not have made the difference. Souter's would...