The Washington Post’s homepage is running with the headline “Roberts Says Roe v. Wade Decision Is ‘Worthy of Respect’”. As it happens, a text search of Roberts’s testimony indicates that he never used this phrase. And his statement that Roe is “entitled to respect” is merely a specific instance of his broader position that every Supreme Court precedent is entitled to respect. That respect calls for a justice to proceed carefully in determining to overrule a case, but does not itself bar overruling.

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Advertisement
Advertisement





Comments