Roberts' Confirmation Hearing's discussion of Roe, Casey and stare decisis with Sen. Arlen Specter

[xocetaceans]

The C-SPAN video has Sen. Specter starting the question at about 04:50 and Roberts agreeing that stare decisis was applied to the (1992) Planned Parenthood v. Casey decision by 11:46 in the video and that the use of stare decisis then was additionally a precedent. Their discussion continues with the later parts in excerpt form below.

The video is here on the C-SPAN site:

https://www.c-span.org/video/?188507-1/roberts-confirmation-hearing-day-2-part-1

(at 11:52 in the video)
Specter: "...The joint opinion says, ‘‘The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.’’Do you agree with that statement, Judge Roberts?"

Roberts: "Yes, Senator, as a general proposition. But..."

(at 12:48 in the video)
Specter: "...Well, I am not going to ask you whether you are going to vote to overrule Roe or sustain it, but we are talking here about the jurisprudence of the Court and their reasoning. Let me come to another key phase of Casey where the joint opinion says, ‘‘A terrible price would be paid for overruling Roe. It would seriously weaken the Court’s capacity to exercise the judicial power and to function as the Supreme Court of the Nation dedicated to the rule of law. ’’Now, this moves away from the specific holding and goes to a much broader jurisprudential point, really raising the issue of whether there would be a recognition of the Court’s authority. And in a similar line, the Court said this: that to overrule Roe would be ‘‘a surrender to political pressure,’’ and added, ‘‘To overrule under fire would subvert the Court’s legitimacy. ’’So in these statements on Casey, you are really going beyond the holding. You are going to the legitimacy and authority of the Court. Do you agree with that?"


Roberts: "Well, I do think the considerations about the Court’s legitimacy are critically important. In other cases—...."

(at 15:35 in the video)
Specter: "A jolt to the legal system, a movement against stability—one of the Roberts doctrines."

Roberts: "....An overruling of a prior precedent is a jolt to the legal system. It is inconsistent with principles of stability and yet—..."

Specter: "One—go ahead."

Roberts: "I was just going to say, the principles of stare decisis recognize that there are situations when that’s a price that has to be paid. ..."

[czarjak]

1. Been in The Works a while. Ask a Bircher.

[xocetaceans]

2. Yes, I know. I remember watching Roberts testify and thought that should be seen again. n/t