Day Four: Roberts Refuses to Answer Questions on Fundamental Freedoms

Nancy Keenan, president of NARAL Pro-Choice America, said Roberts either evaded questions on women's reproductive freedom or provided responses similar to those from anti-choice Justice Clarence Thomas during his hearings in 1991.

"John Roberts ends his participation in these Senate hearings without telling the American people where he stands on issues that affect their everyday lives. Roberts repeatedly refused to answer fundamental questions on important liberties and freedoms, including whether the right to privacy extends to a woman's right to choose. Americans do not want a Chief Justice who says privacy for some but not for all.

"While Roberts wanted to give the impression he respected the right to privacy and the precedent of Roe v. Wade, his answers look dangerously similar to the responses Clarence Thomas gave senators during his confirmation hearings 14 years ago. Thomas also gave grandiose remarks about respecting precedent and the right to privacy during his confirmation hearings. One year later, Justice Thomas voted to overturn Roe v. Wade. In fact, the far right points to these similarities to assure their supporters that Roberts will follow Thomas' lead in either eviscerating the core principles of Roe or overturning the landmark decision altogether."

Note to reporters: Please see the comparison of responses from John Roberts and Clarence Thomas below.

Privacy & Precendent: John Roberts and Clarence Thomas

Privacy

John Roberts: [T]he court has . . . recognized that personal privacy is a component of the liberty protected by the due process clause. [Response to Senator Arlen Specter, Sept. 13, 2005]

Clarence Thomas: I, with respect to the privacy interests, would continue to say that the liberty component of the due process clause is the repository of that interest. [Response to Senator Paul Simon, Sept. 13, 1991] Precedent

John Roberts: That is the general approach when you're considering stare decisis. It's the notion that it's not enough that you might think that the precedent is flawed, that there are other considerations that enter into the calculus that have to be taken into account… [Response to Senator Specter, Sept. 13, 2005]

Clarence Thomas: I think is important for any judge to take into account, even when he or she disagrees with a particular case, to recognize that there is the additional burden and additional question of whether or not this case should be overruled; that is, a question about the doctrine of stare decisis. [Response to Senator Specter, Sept. 13, 1991]

Validation from the Far Right

Jay Sekulow of the American Center for Law and Justice, appearing on the "700 Club" on September 14, said that John Roberts' answer regarding Griswold v. Connecticut "was exactly the same, word-for-word, as Clarence Thomas … He specifically said it is not resting within the context of what's called "the penumbras" or "the emanations" of the 14th Amendment. Putting through all the legalese, that's where the Roe v. Wade right came into play and he specifically discredited that aspect of the opinion. So he answered exactly the same way that Justice Thomas did and I think he holds the same position there."

Contact:
Ted Miller, 202.973.3032