I agree that he is probably not going to directly overturn Roe and that he does respect the fact that our country has had legalized abortion. I don't think he's looking to return to the old days of criminalized abortion. However, Planned Parenthood v. Casey rather than Roe is the prevailing case. Roberts has made repeated reference to Casey and its role as the standard by which the USSC should view any limitations on abortion. I do not trust that he and the new court will interpret "undue burden" as widely as the court has so far. He could strip women in this country of much of their access to abortion without overturning Roe. That still concerns me.

http://www.nytimes.com/2005/09/15/op...brooks.html?hp

September 15, 2005
Ready? Cue the Sun...
By DAVID BROOKS
Arlen Specter Welcome to Day 3 of the confirmation hearings of John Roberts. I'd like to take this opportunity to remind the nation of what a wonderful job I'm doing chairing this committee, and I'd like to let the ranking member tell me so.

Patrick Leahy Absolutely, Mr. Chairman! And let me kick off this morning's platitudes about the grandeur of our Constitution by quoting its first three words, "We the People." That means that here in America the people rule - except on issues like abortion, where their opinions don't mean spit.

Specter Very well put, Senator Leahy! And welcome Judge Roberts back before our committee.

John Roberts Jr. Aw, shucks. This has been a humbling experience, Mr. Chairman. To think that a boy from an exclusive prep school and Harvard Law could grow up and be nominated for the Supreme Court - it shows how in America it's possible to rise from privilege to power! That's the hallmark of our great nation.

So while, of course, I can't talk about specific cases, or any emotions, weather patterns or sandwich meats that may come before the Supreme Court at any time between now and my death in 2048, I do want to reiterate that I feel humbled by this experience. I feel humbled that my wife is dozing off behind me. I feel humbled by this committee's inability to lay a glove on me. And I feel modest. You see this suit? I skinny-dip in this suit. That's how modest I feel.

Tom Coburn Well put, Judge Roberts. Yet when I think of the polarization that still divides this great nation ... waaaahhhh ... waaaahhhh. (Senator Coburn breaks down weeping.)

Jeff Sessions This may be a good moment to remind my colleagues on the other side of the aisle that in this country unelected judges don't write the laws. We have unelected lobbyists to do that. Under our system, judges merely interpret the law and decide presidential elections.

Specter Senator Sessions, let me interrupt you right there. We're not here to argue among ourselves and ignore the nominee. We're here to deliver 30-minute speeches disguised as questions and ignore the nominee. So let me turn to Senator Bid - -

Coburn And when I think of the flaws in the reconciliation process! And the gerrymandering! Oh, the suffering! Oh, the humanity! Waaaahhhh ... waaaahhhh. (Senator Coburn collapses and is taken back to his office on a stretcher.)

Specter As I was saying, Senator Biden, you have the floor.

Joseph Biden Jr. Thank you, Mr. Chairman. I thought this might be a good moment to give the committee a complete history of my heroic sponsorship of the Violence Against Women Act, but before I do that I'd like to interrupt myself by mentioning that I ride the train every day, often speaking with regular Americans, but before I do that I'd like to interrupt my interruption of myself by asking the chairman to restrain the nominee. During my first round of questioning, the nominee continually interrupted my questions by trying to give answers. I could barely keep up my train of thought on stare decisis.

Edward Kennedy Starry De Cysis? Didn't she do a fan dance down at that old burlesque house in Providence?

Roberts Mr. Chairman, I certainly don't mean to draw attention to myself, for, as I have said, judges are like umpires - not home plate umpires, but those umpires stuck way out by the right-field foul pole. Nobody ever went to a game to watch the umpires.

But as you know, Judge Ginsburg, during her confirmation hearing, had herself wrapped in duct tape for fear that any involuntary reflex gestures she might make would mar her impartiality in deciding cases later on. Following her example, I have decided to spend the rest of these hearings in a soundproof booth, sunk in a tank of ravenous sharks and accompanied only by the illusionist David Copperfield. But before I go into isolation, I would like to mention the intense modesty I feel at this moment, notwithstanding the fact that not a single one of you slobs could have charged $700 an hour the way I did in private practice.

Richard Durbin Judge Roberts, before you go, one of the ways we in the Senate prove our superior souls is by emoting mawkish sentimentality on cue. Would you please emote sadness and pain on behalf of politically powerful but downtrodden groups?

Roberts I am emoting, senator.

-Rudey

Personally, I thought Roberts did a good job during the hearings and came off well.

Unlike the committee members from both sides of the aisle.

Like some of the pundits I've heard, I'm more concerned about who is nominated to replace Justice O'Connor.

Bush Nominates First-Trimester Fetus To Supreme Court

September 14, 2005 | Issue 41•37

WASHINGTON, DC—In a press conference Monday, President Bush named a 72-day-old gestating fetus as his nominee to fill the Supreme Court seat that opened following the death of Chief Justice William Rehnquist.
Enlarge ImageBush Nominates First-Trimester Fetus To Supreme Court

"Already, this experienced and capable embryo has demonstrated during his or her in utero existence a deep commitment to the core principles of the Constitution," Bush said. "It is with great pride that I nominate this unborn American patriot to the highest court in the land."

If confirmed by Congress, the bean-sized vertebrate would be the nation's first prenatal Supreme Court justice.

The unnamed fetus, who made headlines only three weeks ago when he or she was appointed to the Virginia State Supreme Court after working at a private law practice for five hours, has enjoyed a meteoric career in American jurisprudence. A remarkable prodigy who graduated from Georgetown Law School mere days after his or her neural folds fused, the nominee reportedly shares much of the conservative, pro-business philosophy of the Bush White House.

Nevertheless, Capitol Hill sources say that his or her nomination comes as a surprise. Legal observers had anticipated that Bush would name a prominent conservative like Attorney General Alberto Gonzales, or the second-trimester female fetus that heads the legal department of Molson Coors Brewing Company, or former Solicitor General Theodore Olson.

"The fetus's judicial record, though extremely limited, is quite impressive," said Carolyn Scuitto, a professor of constitutional law at Yale University. "Last week, it authored a majority opinion overturning an appellate court ruling that found that a Virginia-based insurance company had insufficiently disclosed rate increases to its customers."

Scuitto added: "Bear in mind that the judge has fingerless stubs for arms and still sports traces of a tail."

The fetus first attracted attention several days after making its way up the fallopian tubes to the uterus, when it authored an opinion piece critical of class-action lawsuits for The Legal Intelligencer. In the article, he or she addressed conflicting opinions about the nature of blame and responsibility, and argued for reforms that would check plaintiff attorney conduct.

The nominee's positions on capital punishment, gun control, and abortion are still unknown.

Unborn advocacy groups are applauding Bush's choice.

"We couldn't be happier with the president's selection," said M118-P, the unfertilized ovum spokesglobule for Gametes United For Pre-Life, based in Montgomery, AL. "The unborn and preconceived alike have long been underrepresented on the bench."

Despite his or her relative lack of courtroom experience, experts believe the nominee stands a good to excellent chance of confirmation.

"With its precocious intelligence and adorable pocket size, the fetus could very well prove to be the moderate 'consensus candidate' many on Capitol Hill have hoped for," said attorney, author, and Harvard Law School professor Alan Dershowitz. "And with its confirmation to a lifetime appointment on the bench, Bush ensures that his presidential legacy will last until about 2089."

He's just been confirmed.