Specter says he won’t ask if Roberts will overturn Roe

? The chairman of the Senate Judiciary Committee said Sunday he will not ask Supreme Court chief justice nominee John Roberts whether he would vote to overturn Roe v. Wade, the landmark decision that legalized abortion.

Sen. Arlen Specter, R-Pa., did say he planned to ask Roberts, the president’s pick to succeed the late William H. Rehnquist as chief justice, whether there is a right to privacy in the Constitution.

Roberts’ confirmation hearing to be the nation’s 17th chief justice will begin this afternoon. The first day, however, is expected to be taken up by the opening statements of the committee’s 18 senators. Roberts is not expected to speak late in the afternoon.

Specter said Sunday he was uncertain whether Roberts would favor overturning the Roe v. Wade decision from 1973 that established a right to abortion. Specter supports a woman’s right to choose to end her pregnancy.

“I think it is inappropriate to ask him head-on if he’s going to overturn Roe, but I believe that there are many issues close to the issue, like his respect for precedent,” Specter told NBC’s “Meet the Press.”

Specter said asking Roberts, now an appeals court judge, whether the high court correctly found a right to privacy in the Constitution when rationalizing its abortion decision would be fair “and I intend to ask it.”

But Specter said Roberts is free to refuse to answer questions. “It has been my experience that the hearings are a subtle minuet with nominees answering as many questions as they think they have to in order to be confirmed,” the chairman said in his opening statement, released in advance.

What questions are proper to ask of Roberts will be a theme throughout many of the Republicans’ opening statements, a number of which were released in advance.

They want Democrats to stay away from hot-button questions, saying it would be unfair to ask him to prejudge cases that might come before him as a Supreme Court justice.

Sen. Richard Lugar, R-Ind., who will introduce Roberts along with Sens. Evan Bayh, D-Ind., and John Warner, R-Va., plans to say that politics has overtaken much of the Supreme Court confirmation process.

“It remains, in my view, a fundamental departure from the vision of the courts and their proper role,” Lugar plans to say.

But Democrats are pressing for Roberts to fully answer all of their questions. They are upset that the White House refused to release Roberts’ paperwork from his time as principal deputy solicitor general in the George H.W. Bush’s administration.

The White House did release more than 70,000 documents from Roberts’ time as an administration lawyer in the Reagan administration.

Without the solicitor general documents, Democrats say senators should question Roberts intensely since he will lead the Supreme Court for the rest of his life.

“This hearing is the only chance that ‘We the People’ have to hear from, consider and reflect on the suitability of the person nominated to be the final arbitrator of the meaning of their Constitution and the law,” Sen. Patrick Leahy of Vermont, the top Democrat on the committee, plans to say in his opening statement, also released in advance.

How the confirmation process works

Today, Sen. Arlen Specter, R-Pa., convenes several days of hearings on President Bush’s nomination of John Roberts to become the 109th justice on the high court and the 17th chief justice.

Some questions and answers about how the process is expected to unfold:

Q: What has Roberts been doing since Bush nominated him?
A: Roberts has met with Senate leaders, members of the committee and other senators. He also has brushed up on constitutional and legal issues that may come up at the hearing. He has reviewed committee members’ pet issues and his own record as a lawyer and federal appeals court judge.

Q: Who is on the committee?
A: Ten Republicans and eight Democrats. There are more Republicans because they control Congress.

Q: What happens on the first day?
A: Senators will deliver opening statements, scheduled to last as long as 10 minutes each, for up to three hours total. When they are done, Roberts will be introduced in five-minute speeches by Sens. Evan Bayh, D-Ind., Richard Lugar, R-Ind., and John Warner, R-Va. Roberts then will deliver his opening statement. Questioning begins on the second day.

Q: Will Roberts be under oath?
A: Yes, as is the case with all judicial nominees who speak before the committee.

Q: What happens after all the testimony?
A: Specter has said he may call a vote on Roberts’ nomination as early as Sept. 20, if the hearings run smoothly. The committee traditionally holds voting sessions on Thursday. That would make Sept. 22 the first chance to vote if the hearings run long. Democrats have not committed to vote on either day.

The committee can vote a nomination out favorably, unfavorably or without recommendation.