Abortion & Precedent: What John Roberts really said.

By Edward Whelan
National Review Online

Judge Roberts's chief strategic objective in his confirmation hearing was to secure the support of Chairman Specter — a vocal supporter of Roe v. Wade — without losing the support of conservative Republicans on the Senate Judiciary Committee. It is a testament to Roberts's skills as an advocate that his remarks at his confirmation hearing on abortion and stare decisis have been understood by Specter and many other supporters of Roe as suggesting that he would not vote to overrule Roe. What seems not to have been noticed is that Roberts in fact deftly repudiated Specter's notion that Roe is some sort of "super-duper precedent" entitled to "super stare decisis." In so doing, he marked the path for the eventual overruling of Roe.