OBVIOUSLY EXCELLENT, DO YOU?
>> IT’S IMPROV.
>> LET ME BEGIN WITH A QUESTION
THE CHAIRMAN TOUCHED ON.
IT IS OF GREAT IMPORTANCE, I
THINK.
IT GOES TO A WOMAN’S
FUNDAMENTAL RIGHT TO MAKE THE
MOST PERSONAL DECISIONS ABOUT
THEIR OWN BODY.
AND AS A COLLEGE STUDENT IN THE
1950s, I SAW WHAT HAPPENED TO
YOUNG WOMEN WHO BECAME PREGNANT
AT A TIME WHEN ABORTION WAS NOT
LEGAL IN THIS COUNTRY.
I WENT TO STANFORD, I SAW THE
TRIPS TO MEXICO, I SAW YOUNG
WOMEN TRY TO HURT THEMSELVES
AND IT WAS REALLY DEEPLY,
DEEPLY CONCERNING.
DURING HER CONFIRMATION HEARING
BEFORE THIS COMMITTEE IN 1993,
RUTH BADER GINSBURG WAS ASKED
SEVERAL QUESTIONS ABOUT HER
VIEWS ON WHETHER THE
CONSTITUTION PROTECTS A WOMAN’S
RIGHT TO ABORTION.
SHE UNEQUIVOCALLY CONFIRMED HER
VIEW THE CONSTITUTION PROTECTS
A WOMAN’S RIGHT TO ABORTION AND
SHE EXPLAINED IT LIKE THIS AND
I QUOTE.
THE DECISION WHETHER OR NOT TO
BEAR A CHILD IS CENTRAL TO A
WOMAN’S LIFE.
TO HER WELL-BEING AND DIGNITY.
IT IS A DECISION SHE MUST MAKE
FOR HERSELF.
WHEN GOVERNMENT CONTROLS THAT
DECISION FOR HER, SHE IS BEING
TREATED AS LESS THAN A FULLY
ADULT HUMAN RESPONSIBLE FOR HER
OWN CHOICE, END QUOTE.
AT ONE POINT OUR FORMER
COLLEAGUE ORRIN HATCH, THEN THE
RANKING MEMBER OF THIS
COMMITTEE, COMMENDED HER FOR
HER BEING VERY FORTHRIGHT IN
TALKING ABOUT THAT, END QUOTE.
I HOPE -- AND YOU HAVE BEEN
THUS FAR.
BE EQUALLY FORTHRIGHT WITH YOUR
ANSWERS.
IN PLANNED PARENTHOOD OF
SOUTHEASTERN PENNSYLVANIA
VERSUS CASEY, JUSTICE SCALIA,
AS WAS SAID EARLIER, JOINED THE
DISSENT WHICH TOOK THE POSITION
-- AND I QUOTE -- WE BELIEVE
THAT ROE WAS WRONGLY DECIDED
AND THAT IT CAN AND SHOULD BE
OVERRULED, CONSISTENT WITH OUR
TRADITIONAL APPROACH TO STARE
DECISIS AND CONSTITUTIONAL
CASES.
DO YOU AGREE WITH JUSTICE
SCALIA’S VIEW THAT ROE WAS
WRONGLY DECIDED?
>> SENATOR, I WANT TO BE
FORTHRIGHT AND ANSWER EVERY
QUESTION AS FAR AS I CAN.
I THINK ON THAT QUESTION, YOU
KNOW, I’LL INVOKE JUSTICE
KAGAN’S DESCRIPTION IN HER
CONFIRMATION HEARING SHE SAID
SHE WOULDN’T GRADE PRECEDENT OR
GIVE IT A THUMBS UP OR THUMBS
DOWN.
IN AN AREA WHERE PRECEDENT
CONTINUES TO BE PRESSED AND
LITIGATED AS IS TRUE OF CASEY
IT WOULD BE PARTICULARLY -- IT
WOULD BE WRONG AND A VIOLATION
OF THE CANNONS FOR ME TO DO
THAT AS SITTING JUDGE.
SO IF I EXPRESS A VIEW ON THE
PRECEDENT ONE WAY ANOTHER
WHETHER I SAY OR LOVE IT OR
HATE IT, IT SIGNALS TO
LITIGANTS I MIGHT TILT ONE WAY
OR ANOTHER IN A PENDING CASE.
>> SO ON SOMETHING THAT IS
REALLY A MAJOR CAUSE WITH MAJOR
EFFECT ON OVERHALF OF THE
POPULATION OF THIS COUNTRY WHO
ARE WOMEN, AFTER ALL, IT’S
DISTRESSING NOT TO GET A
STRAIGHT ANSWER.
SO LET ME TRY AGAIN.
DO YOU AGREE WITH JUSTICE
SCALIA’S VIEW THAT ROE WAS
WRONGLY DECIDED
>> SENATOR, I COMPLETELY
UNDERSTAND WHY YOU ARE ASKING
THE QUESTION.
BUT AGAIN, I CAN’T PRE-COMMIT
OR SAY YES I’M GOING IN WITH
SOME AGENDA BECAUSE I’M NOT.
I DON’T HAVE ANY AGENDA.
I HAVE NO AGENDA TO TRY TO
OVERRULE CASEY, I HAVE AN
AGENDA TO STICK TO THE RULE OF
LAW AND DECIDE CASES AS THEY
COME.
>> WELL, WHAT I’M -- AS A
PERSON, I DON’T KNOW IF YOU’LL
ANSWER THIS ONE, EITHER.
DO YOU AGREE WITH JUSTICE
SCALIA’S VIEW THAT ROE CAN AND
SHOULD BE OVERTURNED BY THE
SUPREME COURT?
>> WELL, I THINK MY ANSWER IS
THE SAME BECAUSE, YOU KNOW,
THAT’S A CASE THAT IS LITIGATED.
IT COULD -- ITS CONTOURS COULD
COME UP AGAIN.
THEY CAME UP LAST TERM BEFORE
THE COURT.
SO I THINK WHAT THE CASEY
STANDARD IS AND THAT’S JUST A
CONTENTIOUS ISSUE WHICH IS ONE
REASON WHY IT WOULD BE
COMFORTING FOR YOU TO HAVE AN
ANSWER BUT I CAN’T EXPRESS
VIEWS ON CASES OR PRE-COMMIT TO
APPROACHING A CASE ANY
PARTICULAR WAY.
>> WELL, THAT MAKES IT
DIFFICULT FOR ME AND I THINK
FOR OTHER WOMEN ALSO ON THIS
COMMITTEE BECAUSE THIS IS A
VERY IMPORTANT CASE AND IT
AFFECTS A LOT OF PEOPLE,
MILLIONS AND MILLIONS OF WOMEN.
AND YOU COULD BE A VERY
IMPORTANT VOTE.
AND I HAD HOPED YOU WOULD SAY
AS A PERSON YOU’VE GOT A LOVELY
FAMILY, YOU UNDERSTAND ALL THE
IMPLICATIONS OF FAMILY LIFE.
YOU SHOULD BE VERY PROUD OF
THAT.
I’M PROUD OF YOU FOR THAT.
BUT MY POSITION IS A LITTLE
DIFFERENT.
YOU ARE GOING ON THE BIGGEST
COURT OF THIS LAND WITH A
PROBLEM OUT THERE THAT ALL
WOMEN SEE ONE WAY OR ANOTHER IN
THEIR LIFE.
AND NOT ALL BUT CERTAINLY
MARRIED WOMEN DO AND OTHERS,
TOO.
SO THE QUESTION COMES WHAT
HAPPENS?
AND WILL THIS JUSTICE SUPPORT A
LAW THAT HAS SUBSTANTIAL
PRECEDENT NOW?
WOULD YOU COMMIT YOURSELF ON
WHETHER YOU WOULD OR WOULD NOT?
>> SENATOR, WHAT I WILL COMMIT
IS THAT I WILL OBEY ALL THE
RULES OF STARE DECISIS, THAT IF
A QUESTION COMES UP BEFORE ME
ABOUT WHETHER CASEY OR ANY
OTHER CASE SHOULD BE OVERRULED,
THAT I WILL FOLLOW THE LAW
STARE DECISIS, APPLYING IT AS
THE COURT HAS ARTICULATED IT
APPLYING ALL THE FACTORS,
RELIANCE, WORKABILITY, BEING
UNDERMINED BY LATER FACTS AND
LAW, ALL THE STANDARD FACTORS
AND I PROMISE TO DO THAT FOR
ANY ISSUE THAT COMES UP,
ABORTION OR ANYTHING ELSE I’LL
FOLLOW THE LAW.
>> WELL, I THINK THAT’S