John Roberts, chief justice nominee, left both sides of the aisle guessing as to his position on Roe V. Wade during his Senate confirmation hearings on Tuesday, according to the Washington Post.
Roberts' position on abortion has concerned Democrats and abortion rights supporters because of his 1981 memo that referred to the "so-called" right to privacy that supports legalized abortions. However, when questioned by Senator Arlen Specter (R-Pennsylvania), Roberts expressed his support for the right to privacy and said his views from two decades ago had changed since the writing of the memo.
Roberts refused to discuss the issue, other than declaring "stare decisis" or "the respect for precedent," in regards to Roe v. Wade. His explanation was that he did not wish to talk about the legal issues of a case that might come before the Supreme Court.
"I do think it is a jolt to the system when you overrule a precedent," he said, but added that other factors, such as stability, predictability of the court and previous erosion of a precedent must all be considered.
John Roberts' responses left members of the AU community concerned.
Emily Caponetti, president of the Democratic Women and Friends of AU, said her club's main concern is the threat to Roe v. Wade and his preference of states' rights over the federal government's.
"He has not said whether he will strengthen states' rights, which could directly threaten women's control over their own bodies," Caponetti said. "In our generation we have always known abortion as legal. This is not something we can take for granted and it is essential that we don't start now."
Jeremy Zook, president of the AU Students for Life, said Roberts has not been as vocal about abortion issues as he would like.
"For the pro-life movement, he is probably not the greatest person, but for Bush, he is a good overall choice," Zook said. "It is hard to tell what Roberts will do right now, and we will be able to see where he stands in upcoming cases such as the partial-birth abortion ban."
Ashley Mushnick, College Democrats president, said she would like to know how conservative Roberts is and who the president will nominate to replace Chief Justice Sandra Day O'Connor, who announced her retirement last summer.
"That's what matters to me, and I think it's about time the President looked at his low-polling numbers and picked someone moderate everyone could grow to like such as Alberto Gonzalez," Mushnick said.
Other AU students have expressed their support for Roberts, including Danielle Zook, College Republicans president.
"Roberts has stated that his faith and religious beliefs do not play a role in judging," she said in an e-mail. "It is important to note that Robert's personal beliefs, whether they are ultimately pro-life or anti-life, do not decide his rulings in the court. He has a proven background, which shows his ability to uphold the Constitution, which will be his most important role as Supreme Court Chief Justice."
Calvin Beaulier of the College Libertarians said Roberts provides the least risk for a political scandal, which is a benefit to the Bush administration.
"I think Roberts is playing everything down," he said. "Once he is confirmed, he is going to swing very hard to the right. His original positions were always conservative."
Despite their division over the issue of abortion, AU students share the same question, what will John Roberts do if he is confirmed?
"We are concerned not so much with what he says now during the Senate confirmation hearings, because everything is manipulated and well-planned," Caponetti said. "We are concerned with what he will do as a Supreme Court Justice"
