News Intelligence Analysis
From the New York Times
July 27, 2005
Gonzales Says Roe Can't Bind
Current Court
By THE ASSOCIATED PRESS
WASHINGTON, July 26 (AP) - A right to abortion is settled law
for lower courts, but the Supreme Court "is not obliged
to follow" it, Attorney General Alberto R. Gonzales said
Tuesday as the Senate prepared to consider the nomination of
Judge John G. Roberts to be associate justice.
In a wide-ranging interview with The Associated Press, Mr. Gonzales said a justice did not have to abide by a previous Supreme Court ruling - in this case Roe v. Wade - "if you believe it's wrong." The comment suggested that the attorney general believed Judge Roberts would not be bound by a statement he made in 2003 that a right to abortion was now settled. Judge Roberts made the statement at a hearing on his confirmation to his current seat on a federal appeals court in Washington.
"If you're asking a circuit court judge, like Judge Roberts was asked, yes, it is settled law because you're bound by the precedent," Mr. Gonzales said. "If you're a Supreme Court justice, that's a different question, because a Supreme Court justice is not obliged to follow precedent if you believe it's wrong."
The attorney general said that deciding when to overturn an earlier ruling "is one of the most difficult questions any Supreme Court justice has to answer."
Mr. Gonzales had himself been considered a possible candidate for the court because of his Hispanic heritage and his close relationship with President Bush. Conservative groups mounted a strong campaign against his selection, based mainly on questions about his views on abortion. In the interview on Tuesday, he said he had a "preliminary judgment" about whether the Constitution afforded a right to abortion, but he declined to reveal it.
Asked about the opposition to his filling the first Supreme Court vacancy since 1994, Mr. Gonzales sighed before responding: "This is the big decision. People have waited for over 11 years. There was a lot of pent-up anticipation and a lot vested in this decision."
He would not say whether Mr. Bush had interviewed him as a possible nominee.
Mr. Gonzales also said the administration opposed federal legislation shielding reporters from having to disclose the identity of confidential sources. He added that the government had been "very, very careful," obtaining only a dozen subpoenas since 1991 seeking such disclosures.
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