John Roberts in Joe Biden biography by Jules Witcover


On Abortion: 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

The above quotations are from Joe Biden: A Life of Trial and Redemption
by Jules Witcover.
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Page last updated: Feb 14, 2019