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Does stare decisis apply to Roe, asks Feinstein? Has Roe proven unworkable?

Roberts says "that determination...is entitled to respect"...like other principles of stare decisis. "That is a precedent on precedent. In terms of a separate determination on my part, my review of what other nominees have done is that's where they draw the line, and that's where I draw the line."

Also: "Settled expectations...people expect that the law is going to be what the court has told them it is going to be. That's an important consideration."

Feinstein: Is the reliance or settled expectation sufficient?

Roberts: "It certainly was the analysis of the joint opinion of the court entitled to respect. That is certainly be where I would begin. I would begin with the precedent that the court has laid out in this area."

Posted by Marc Ambinder | 04:01 PM