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To continue yesterday's baseball metaphor, right off the bat, Sen. Arlen Specter questioned Judge Roberts on stare decisis and the right to abortion found in Roe. "Would you agree with...stability and humility in the law...as principles with stare decisis?"

Roberts responded, essentially, yes. Specter then drills down into the specifics of Planned Parenthood v. Casey and asked Roberts if he agrees with that opinion. Not exactly: Says Roberts: "The importance of settled expectations in the application of stare decisis is an important consideration. The principles [though] look at a number of factors [including] whether whether the principles are unworkable...or...whether the doctrinal basis has been eroded." Roberts: "I feel the need to stay away from particular cases." Specter asks whether Roberts sees any erosion of precedence in Roe; Roberts refuses to answer because abortion cases are on the court's docket for the fall. Specter disagrees; "I don't know that we're dealing with any specific issue. You brought the term up, 'erosion of precedent.'"

Roberts: "In the particular case of Roe, you have the Casey decision in...92...as of 1992 you had a reaffirmation of the central holding in Roe. That application is a principle of stare decisis, is a precedent entitled to respect under those principles."

Posted by Marc Ambinder | 09:36 AM

Specter definitely hitting hard this morning. We'll see what that means. Optimistically, he's establishing credibility for a pro-choice Senator (and Republican) to support Roberts. Pessimisticly, same old Specter.

pj | 09.13.05 09:45 AM