Joe Biden biography by Jules Witcover: on Abortion


Clarence Thomas: 1991: There us a right to privacy in the 14th Amendment

When Thomas said he believed "there is a right to privacy in the Fourteenth Amendment," Biden seized the opportunity. "Well, Judge," he asked, "does that right to privacy in the Liberty Clause of the Fourteenth Amendment protect the right of a woman to decide for herself in certain instances whether or not to terminate a pregnancy?" Thomas artfully dodged. "Senator, I think that the Supreme Court has made clear that the issue of marital privacy is protected, that the state cannot infringe on that without a compelling interest, and the Supreme Court, of course, in the case of Roe v. Wade has found as a fundamental interest a woman's right to terminate a pregnancy." And he added: "I do not think that at this time I could maintain my impartiality as a member of the judiciary and comment on that specific case."
Source: A Life of Trial & Redemption, by Jules Witcover, p.258 Oct 5, 2010

Clarence Thomas: 1991: Never thought about Roe v. Wade while in law school

Senator Patrick Leahy peppered Thomas with questions about whether he had ever discussed or debated Roe v. Wade when he was at Yale Law School, the judge denied it. He cast himself as a sort of social recluse and a grind who had little time beyond studying and working to engage in such musings: "My schedule was that I went to classes and generally went to work and went home." Leahy registered incredulity: "I'm sure you are not suggesting that there wasn't any discussion at any time of Roe v. Wade?" Thomas replied, "Senator, I cannot remember personally engaging in those discussions." Leahy: "Well, was it properly decided or not?" Thomas: "I have not made a decision one way or the other with respect to that important decision. Much later, Leahy said Thomas's responses that he had never even thought about Roe v. Wade as a law student were so preposterous that they cost him the senator's vote."
Source: A Life of Trial & Redemption, by Jules Witcover, p.259-260 Oct 5, 2010

John Roberts: Constitutional privacy protection is only a so-called right

In 2005, Bush appointed a federal appellate judge, John Roberts. The Roberts confirmation gave Biden more public visibility when Bush's nomination came before the Senate Judiciary Committee. Biden let Roberts know where he was coming from. "Judge, if I look only at what you have said and written, I would have to vote no. You dismissed the constitutional protection to privacy as 'a so-called right.' You derided agencies like the Securities and Exchange Commission as 'constitutional anomalies.' And you dismissed gender discrimination as 'merely a perceived problem.' Judge, explain what you meant by what you have said and what you have written." Biden finally got Roberts to say he did agree there was "a right to privacy to be found in the Libert Clause of the 14th Amendment," and one that "extends to women." Well, what about abortion? Biden asked. Roberts replied: "Well that is in an area where I think I should not respond"--a matter that might come before him for ruling on the Supreme Court.
Source: A Life of Trial & Redemption, by Jules Witcover, p.364-368 Oct 5, 2010

Ted Kennedy: 1987: "Robert Bork's America" forces back alley abortions

Ted Kennedy's immediate, blistering attack on Bork from the Senate floor: "Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are at the heart of our democracy." Kennedy's remarks, echoing the fears of special-interest groups, were the sort that Biden considered would put the confirmation of Bork on the wrong track. That approach, he wrote later, risked "quickly devolving to name-calling; Bork would be painted as a racist, a sexist and a tool of the rich and powerful. Even if those things were true, it was the worst strategy I could imagine, and one I wanted no part of."
Source: A Life of Trial & Redemption, by Jules Witcover, p.175 Oct 5, 2010

  • The above quotations are from Joe Biden: A Life of Trial and Redemption
    by Jules Witcover.
  • Click here for definitions & background information on Abortion.
  • Click here for other issues (main summary page).
  • Click here for more quotes by Joe Biden on Abortion.
  • Click here for more quotes by Barack Obama on Abortion.
2016 Presidential contenders on Abortion:
  Republicans:
Gov.Jeb Bush(FL)
Dr.Ben Carson(MD)
Gov.Chris Christie(NJ)
Sen.Ted Cruz(TX)
Carly Fiorina(CA)
Gov.Jim Gilmore(VA)
Sen.Lindsey Graham(SC)
Gov.Mike Huckabee(AR)
Gov.Bobby Jindal(LA)
Gov.John Kasich(OH)
Gov.Sarah Palin(AK)
Gov.George Pataki(NY)
Sen.Rand Paul(KY)
Gov.Rick Perry(TX)
Sen.Rob Portman(OH)
Sen.Marco Rubio(FL)
Sen.Rick Santorum(PA)
Donald Trump(NY)
Gov.Scott Walker(WI)
Democrats:
Gov.Lincoln Chafee(RI)
Secy.Hillary Clinton(NY)
V.P.Joe Biden(DE)
Gov.Martin O`Malley(MD)
Sen.Bernie Sanders(VT)
Sen.Elizabeth Warren(MA)
Sen.Jim Webb(VA)

2016 Third Party Candidates:
Gov.Gary Johnson(L-NM)
Roseanne Barr(PF-HI)
Robert Steele(L-NY)
Dr.Jill Stein(G,MA)
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Page last updated: Feb 14, 2019