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Roberts notes that the Court has held that significant societal dispute over an issue has been held as a sufficient reason -- or at least justified as such by the Court -- to re-examine precedent. But, he says, it is a "jolt" to the legal system if precedence is overturned. Specter: "A jolt to the legal system?" Roberts: "The principles of stare decisis [recognize] that [occasionally] that's a price that has to be paid." Brown v. Board, he notes, overturned precedent but the price was worth the benefits. Roberts: "It's not enough that you might think the precedence is flawed. But [There are] considerations on the other side."

Specter asserts that the Court had 38 occasions to overrule Roe and whips out hughe blue chart listing those 38 cases. As photographers click away, Specter points to some of them. He asks whether Roe might be a "super-duper" precedence in light of 38 opportunities to address it. Roberts responds that for him what matters most is when the Court itself is tasked with examining the precedent.

Roberts: "there's nothing in my personal view that will prevent me from applying the principles of the court faithfully under stare decisis."

Posted by Marc Ambinder | 09:50 AM