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Roberts Grilled on Voting Rights Act

Roberts Testifies Roe v. Wade is "Settled As a Precedent" But Refuses to Say Whether He Would Reverse Abortion Ruling

Texas Death Row Prisoner Scheduled to Die Today: Lawyers Seek Last-Minute Stay

 

Roberts Grilled on Voting Rights Act

Chief Justice nominee John Roberts was grilled on a number of contentious issues on the second day of his Senate confirmation hearing, including abortion, civil rights, women's rights and education. We play excerpts of the hearing. [includes rush transcript]

Chief Justice nominee John Roberts declined to say on Tuesday if he would reverse the long-standing decision legalizing abortion, but said he believed the Constitution accorded Americans the right to privacy, which is the key underpinning of Roe v. Wade.

Roberts' comments came on the second day of his confirmation hearings before the Senate Judiciary Committee.

While Roberts said the 1973 landmark ruling was "settled as precedent," he declined to answer specific questions about abortion.

During more than 10 hours of questioning, Roberts also refused to answer specific questions about voting rights, civil rights and other issues, citing cases he could face on the high court.

Tuesday's hearings provided Senators their first chance to publicly confront Roberts since President Bush announced his nomination in July. Each committee member was allotted 30 minutes for questions. A second round of questioning is scheduled for today. On Thursday, friends and experts are scheduled to testify about Roberts' character and qualifications.

The Judiciary Committee is expected to vote by the end of next week and the full Senate is scheduled to vote by the end of the month. If confirmed, Roberts would take over leadership of the court when its session begins October 3rd.

Today we spend the hour playing excerpts from Tuesday's hearing. A little later in the program we will take a look at John Roberts" comments on abortion with Kim Gandy, the president of the National Organization of Women, but we begin with another contentious issue during the hearing - civil rights.

  • Sen. Edward Kennedy (D - Massachusetts), speaking at chief justice confirmation hearing, September 13, 2005.
  • Sen. Russ Feingold (D - Wisconsin), questioning Chief Justice nominee John Roberts, September 13, 2005.

 

Roberts Testifies Roe v. Wade is "Settled As a Precedent" But Refuses to Say Whether He Would Reverse Abortion Ruling

Chief Justice nominee John Roberts declined to say on Tuesday if he would reverse the long-standing decision legalizing abortion, but said he believed the Constitution accorded Americans the right to privacy, which is the key underpinning of Roe v. Wade. We speak with the president of the National Organization for Women. [includes rush transcript]

Reproductive rights was one of the central issues during the confirmation hearing of John Roberts to be United States chief justice. Roberts' testified that Roe v. Wade, the 1973 landmark ruling legalizing abortion, is "settled as a precedent of the court, entitled to respect under principles of stare decisis.

Stare decisis is Latin for "to stand by a decision" and legally translates into the doctrine that says courts are bound by previous decisions, or precedents, particularly when a case has been decided by a higher court.

Roberts answered questions about abortion through the prism of legal precedent. He affirmed a right to privacy - the key underpinning of Roe v. Wade, but declined to answer specifically if he would reverse the ruling.

The hearings also focused on a 1992 Supreme Court ruling in Casey v. Planned Parenthood. In that case, the Supreme Court voted 5-4 to uphold the core holdings of Roe v. Wade and ban states from outlawing most abortions.

The Chair of the Senate Judiciary Committee, Pennsylvania Senator Arlen Specter, opened yesterday's hearing. Specter is a moderate Republican who is pro-choice. He angered some within his party's leadership last November when he hinted that he may block judges who would overturn Roe v. Wade - a move that almost cost him the chair of the panel.

  • Sen. Arlen Specter (R - Pennsylvania), Chair of the Senate Judiciary Committee, questioning Chief Justice nominee John Roberts, September 13, 2005.

Sen. Dianne Feinstein, Democrat of California also grilled John Roberts about his views on Roe v. Wade and a number of other women's issues. At one point she directly asked him if the right to privacy extends to making personal decisions around the beginning and end of life.

  • Sen. Dianne Feinstein (D - California), questioning Chief Justice nominee John Roberts, September 13, 2005.

We go to Washington DC to speak with Kim Gandy, president of the National Organization of Women.

Senator Russ Feingold of Wisconsin asked questions about a range of civil liberty issues. He asked if Roberts thought that the nation would regret any of the laws passed in the wake of September 11th.

  • Sen. Russ Feingold (D - Wisconsin), questioning Chief Justice nominee John Roberts, September 13, 2005.

 

Texas Death Row Prisoner Scheduled to Die Today: Lawyers Seek Last-Minute Stay

Frances Newton, death row prisoner in Texas, is scheduled to be executed later today but lawyers are seeking a last-minute stay on her execution. We speak to Congresswoman Sheila Jackson Lee (D - Texas) and an anti-death penalty activist about the case.

In Texas, lawyers for death row prisoner Frances Newton are seeking a last-minute stay on her execution. She is scheduled to be killed later today. On Tuesday Congresswoman Sheila Jackson Lee held a press conference to urge Governor Rick Perry to stay the execution. On Monday one of the state's main newspapers – the Austin American Stateman – came out in support of a new trial for Newton. The paper's editors wrote “The public cannot be certain of her guilt, but she's going to die for the crime anyway. Newton was denied a basic requirement for a fair trial - a competent lawyer.” Newton would be the 13th prisoner executed this year in Texas. She will be the first African-American woman killed in Texas since Reconstruction.

  • Rep. Sheila Jackson Lee, (D-Texas)
  • Gloria Rubac, longtime death penalty and co-founder of the website Freefrances.org.

 

For a copy of today’s program, call 1 (800) 881 2359. Our website is www.democracynow.org. Our email address is mail@democracynow.org.

Democracy Now! is produced by Mike Burke, Sharif Abdel Kouddous, Ana Nogueira, Elizabeth Press, Jeremy Scahill and Parvez Sharma. Mike Di Filippo is our engineer.

Thanks also to Uri Galed, Angela Alston, Orlando Richards, Simba Russeau, Johnny Sender, Rich Kim, Joe Murgio, John Randolph, Chris Zucker, Karen Ranucci, Denis Moynihan, Eric Rweyemamu, Jenny Filipazzo and Isis Phillips.

 

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