The Religious Consultation
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San Francisco Chronicle (USA), August 25, 2005 Feinstein: Roberts' abortion stance key Powerful senator says her vote
could hinge on single issue Los Angeles -- Sen. Dianne Feinstein, speaking to a large gathering of lawyers, made it clear Wednesday that maintaining a woman's right to have an abortion would be the litmus test she would apply in deciding whether to support Judge John Roberts' nomination to the Supreme Court. Feinstein, who has long supported abortion rights, has said Roberts' view of the landmark Roe vs. Wade abortion ruling would influence her decision on his nomination as a member of the Senate Judiciary Committee. But her comments to the lawyers and to reporters afterward marked the first time she has stated that her vote on Roberts' nomination would hinge on his position on this single contentious issue. "It would be very difficult for me to vote to confirm someone to the Supreme Court whom I knew would overturn Roe and return our country to the days of the 1950s," the 72-year-old Democratic senator said. Feinstein -- who has carved out a role as a political centrist and has distanced herself from some of the more critical remarks made about Roberts by liberal Senate Democrats, such as Ted Kennedy of Massachusetts and Patrick Leahy of Vermont -- has spoken highly of Roberts in the past and repeated her admiring comments Wednesday. She said he is bright, experienced and qualified for the job. But, stressing the importance of the abortion issue, she also declared that "nothing's a slam-dunk" and that President Bush's choice of Roberts for the high court is still far from assured of confirmation. The Judiciary Committee is scheduled to begin hearings on Sept. 6. Activists on both sides have stepped up their efforts to influence the Senate's view of Roberts as the hearings approach on the 50-year-old appellate court judge who served as a lawyer in the administrations of Ronald Reagan and George H.W. Bush. The U.S. Chamber of Commerce announced its support for Roberts on Wednesday, while the liberal People for the American Way opposed the conservative judge. A number of abortion-rights groups also have announced their opposition. In Los Angeles, Feinstein reviewed many legal issues she says are relevant to the Senate's consideration of Roberts' nomination to replace Justice Sandra Day O'Connor, but she spent much of her time talking about abortion. The senator spoke in highly personal terms of her experiences during college with classmates who she said had to rush secretly across the border to Tijuana for abortions, and of one friend who committed suicide because of an unwanted pregnancy. "I believe the choice is clear," she said. "Government should not be allowed to interfere in personal, family decisions and overrule the most difficult choices a family can make. The question I have is how John Roberts will react to these real-life dilemmas when and if they come before him." Feinstein's remarks may help define abortion rights as the most important question in the nomination battle taking shape in the Senate, and they also sent a message to Roberts and his Republican supporters that if he avoids articulating a position on the Supreme Court rulings that have guaranteed access to abortion, he is likely to lose her vote. Feinstein often has been viewed as a swing vote on contentious nominations in the committee of 10 Republicans and eight Democrats. "They make a mistake if they stonewall the committee" about the legal right to abortion, she said in comments to reporters after her speech at a downtown hotel. She added that the fuzzier Roberts' answers on the subject, which many expect, the more inclined she and other Democrats will be to "assume the worst" and oppose him. In her long and detailed speech to the Los Angeles County Bar Association and Public Counsel, a public interest legal group, Feinstein carefully analyzed the Supreme Court under Chief Justice William Rehnquist and expressed deep reservations about some of its decisions. In many instances, Feinstein noted the swing-vote role played by O'Connor, whose retirement opened up the nomination battle, and Feinstein gave her a mixed report card. Feinstein said O'Connor opposed several Supreme Court decisions that overturned federal or state laws, such as laws banning guns within 1,000 feet of schools, laws allowing victims of rape to sue their attackers in federal court and a California law that permitted limited use of marijuana for medicinal purposes. Feinstein also fretted that the Rehnquist court has, in her view, been unusually activist in restricting the power of Congress. But Feinstein praised O'Connor's role in affirming the basic right to abortion in the 1992 Casey vs. Planned Parenthood decision, and, eight years later, in voting to strike down a Nebraska state law banning a form of late- term abortion, known by the medical term intact dilation and evacuation. "It is my hope that Judge Roberts would play a role similar to Justice O'Connor's on the court and bring with him a voice defined by temperance and open-mindedness," Feinstein said. Feinstein added that, while she has "a feeling" Roberts would not vote to overturn the Roe vs. Wade decision, she still is uncertain where he stands, even after a one-hour private meeting in Washington earlier. "I am really not sure what his views are," she said. She acknowledged that it is highly unlikely Roberts will clearly spell out his views on abortion at the coming hearings. Thus, she said, much of her attention is focused on working with other Democrats to fashion questions that would allow them, through hints and suggestions, to ferret out Roberts' position. "I did get a 'feeling' " Roberts supports abortion rights, Feinstein said, then added, "Well, you can't take a feeling to the bank." ________________________________________ Feinstein on court nominee. What she said "It would be very difficult for me to vote to confirm someone to the Supreme Court whom I knew would overturn Roe and return our country to the days of the 1950s.". Past comments Feinstein has generally spoken highly of Supreme Court nominee John Roberts, but she also noted that "nothing's a slam-dunk.". Looking ahead The fuzzier Roberts is on the issue of abortion, the more likely she and other Democrats will "assume the worst" and oppose him. E-mail James Sterngold at jsterngold@sfchronicle.com. << San Francisco Chronicle -- 8/25/05 >>
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