POL - Mark My Words

[Flasch186]

Roe V. Wade is in the crosshairs and that is the endgame of all of this...its paint by numbers at this point.


AG: High Court Not Bound by Roe V. Wade

By MARK SHERMAN, Associated Press Writer 54 minutes ago

WASHINGTON - The legal right to abortion is settled for lower courts, but the Supreme Court "is not obliged to follow" the
Roe v. Wade precedent, Attorney General Alberto Gonzales said Tuesday as the Senate prepared to consider John Roberts' appointment that would put a new vote on the high court.


In an interview with The Associated Press, Gonzales said a justice does not have to follow a previous ruling "if you believe it's wrong," a comment suggesting Roberts would not be bound by his past statement that the 1973 decision settled the issue.

On other subjects in a wide-ranging interview with AP editors and reporters, Gonzales:

• Declined to answer questions about his decision while White House counsel to delay notifying most White House staff about a Justice Department investigation into the leak of a covert
CIA officer's identity.

• Defended indefinite detention of terror suspects at Guantanamo Bay, Cuba, as "absolutely the right decision" in the war against terrorism.

• Said the administration opposes federal legislation to shield reporters from having to reveal confidential sources, but also said the government has been "very very careful," issuing only a dozen subpoenas since 1991 seeking reporters' confidential sources.

Roberts was nominated by
President Bush to replace Justice
Sandra Day O'Connor, who favors abortion rights. Though Roberts has not expressed his personal views on the issue, groups on both sides are attempting to discern his leanings from his statements and writings.

Gonzales said circumstances had changed since Roberts commented on Roe v. Wade during his 2003 confirmation hearing for the seat he now holds on the U.S. Court of Appeals for the District of Columbia Circuit.

"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," 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," Gonzales said.

While abortion foes fret about Roberts' statement two years ago, abortion rights groups are concerned by a legal brief Roberts helped write for a Supreme Court case while serving as deputy solicitor general in the administration of President George H.W. Bush.

The brief argued that the landmark abortion decision "was wrongly decided and should be overruled." Bush officials have said the brief reflected administration policy and Roberts was one of nine lawyers who signed it.

Gonzales said deciding when to overturn an earlier ruling "is one of the most difficult questions any Supreme Court justice has to answer." Among the factors to consider is how old is the precedent, he said.

Gonzales said he has a "preliminary judgment" about whether the Constitution affords the right to an abortion, but he declined to reveal it.

Gonzales has been thought to be a candidate for the Supreme Court because of his close relationship with Bush and his Hispanic heritage. Conservative groups mounted a strong campaign against his selection, based mainly on questions about his abortion stance.

Asked about that opposition, 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 Bush interviewed him for the job.

The attorney general also would not discuss the 12-hour delay between telling White House Chief of Staff Andrew Card that prosecutors were investigating who revealed CIA agent Valerie Plame's name to the media and informing the rest of the White House staff.

The White House did not respond to questions Sunday about whether Card passed that information to Bush aide Karl Rove or anyone else, giving them advance notice to prepare for the investigation. Time magazine reporter Matthew Cooper recently said he first learned of Plame's position during a discussion with Rove in July 2003.

Attorney General
John Ashcroft eventually recused himself from the case under pressure from Democrats who complained about his ties to Rove. Gonzales, who succeeded Ashcroft in February, also stepped aside from the investigation because of his involvement as White House counsel.

In other areas Tuesday, Gonzales said:

• The Guantanamo facility keeps terrorist suspects from resuming their fight and affords them humane treatment. "I take issue with folks who say people are being mistreated in Guantanamo," he said, adding, "I don't know what I say to Mom and Dad if their son or daughter is killed by someone we once held at Guantanamo."

• He would reconsider Ashcroft's guidance that has restricted public access to government information since shortly after the Sept. 11 attacks.

[Easy Mac]

Originally Posted by Flasch186

Roe V. Wade is in the crosshairs and that is the endgame of all of this...its paint by numbers at this point.

Better?

And these polls would say Republicans would be commiting suicide to even think about it. People think the democratic party is dying, the republican party would be ripped to shreds if they tried that move.

[dawgfan]

I'm getting real tired of Roe vs. Wade being the litmus test of the Supreme Court. There are so many other major issues that are lost when the focus is simplisitically narrowed to just abortion. It makes me think that this is precisely what the Republican party wants - keep all the liberals focused on Roe vs. Wade so they'll ignore all the other issues that the court can influence.

[DaddyTorgo]

but i think the point is EasyMac that the Repubs wouldn't have to legislate it out and face the flack for that individually. Instead they can appoint some judge and let the judicial side handle it and then deny that that was the plan all along, and the vast majority of Americans are stupid enough to believe that.

at least, i think that's their plan

[oliegirl]

Originally Posted by dawgfan

I'm getting real tired of Roe vs. Wade being the litmus test of the Supreme Court. There are so many other major issues that are lost when the focus is simplisitically narrowed to just abortion. It makes me think that this is precisely what the Republican party wants - keep all the liberals focused on Roe vs. Wade so they'll ignore all the other issues that the court can influence.

I think dawgfan is right - I think Bush and his administration allows everyone to focus on what the media is portraying to be the "most important issue" and in the mean time they are doing other things that no one is noticing and getting other things accomplished. I think he is using the media to his advantage and whether or not you agree with his policies, it's brilliant.

[Dutch]

Bush sure can be smart when you need him to be.

[Easy Mac]

Originally Posted by DaddyTorgo

but i think the point is EasyMac that the Repubs wouldn't have to legislate it out and face the flack for that individually. Instead they can appoint some judge and let the judicial side handle it and then deny that that was the plan all along, and the vast majority of Americans are stupid enough to believe that.

at least, i think that's their plan

Not really my point, but close. If that is their plan, they are far worse at the political game than they appear, because no one in their right mind could think that would work. I'm waiting for JiMG to jump in, because I'm 99.9% sure he'd even agree with my assesment. If they did that, I would be willing to guarantee we would never see another Republican elected anywhere for the rest of my life (which, given my eating habits, can be too long anyway).

[albionmoonlight]

Republican politicians use Roe v. Wade to mobilize their base. An independent judiciary challenges a lot of what the Republicans want to accomplish. As long as they can use Roe v. Wade to moblize their base against "activist judges," they are happy.

In their heart of hearts, they do NOT want Roe v. Wade to go away. It facilitates their portrayal of the judiciary as out of control.

NOTE: I am speaking of political Republican leaders. I am sure that the majority of voters who are against Roe v. Wade actually want it to go away.

[DaddyTorgo]

yeah but see, just by virtue of the fact that you and JiMG can turn on your computer you're smarter than 95% of the rest of the idiots in this country

[flere-imsaho]

Alberto Gonzalez believes in legislating from the bench? Whoda thunk it?