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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...

Author: /time Magazine | Title: The Political Interest: Asking the Wrong Questions | 8/13/1990 | See Source »

...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...

Author: /time Magazine | Title: The Political Interest: Asking the Wrong Questions | 8/13/1990 | See Source »

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...

Author: /time Magazine | Title: The Political Interest: Asking the Wrong Questions | 8/13/1990 | See Source »

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...

Author: /time Magazine | Title: The Political Interest: Asking the Wrong Questions | 8/13/1990 | See Source »

With the high court poised to tilt decisively to the right on several inflammatory issues, a nominee publicly committed to overturning Roe v. Wade, the 1973 ruling that established the right to abortion, would provoke an outcry from the liberal forces that derailed Robert Bork's nomination in 1987. But if the President picked a Justice less inclined to overturn Roe, right-to- life activists and conservative Republicans already angered by Bush's retraction of his "no new taxes" pledge would be enraged. Facing these polarized options, the President deftly reduced the risk by selecting a Stealth candidate. Federal Appeals...

Author: /time Magazine | Title: A Blank Slate | 8/6/1990 | See Source »

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