Bush v. Choice Blog on the Nomination of John Roberts

Bush will nominate Roberts

We've just gotten word that President Bush will nominate conservative John Roberts to fill swing vote O'Connor's seat on the Supreme Court. We'll keep you posted as things develop, but here are a few lowlights to get started:

1. As Deputy Solicitor General, Roberts argued in a brief before the U.S. Supreme Court (in a case that did not implicate Roe v. Wade) that “[w]e continue to believe that Roe was wrongly decided and should be overruled…. [T]he Court’s conclusion in Roe that there is a fundamental right to an abortion… finds no support in the text, structure, or history of the Constitution.”

2. In Rust v. Sullivan, the Supreme Court considered whether Department of Health and Human Services regulations limiting the ability of Title X recipients to engage in abortion-related activities violated various constitutional provisions. Roberts, appearing on behalf of HHS as Deputy Solicitor General, argued that this domestic gag rule did not violate constitutional protections.

3. Roberts, again as Deputy Solicitor General, filed a “friend of the court” brief for the United States supporting Operation Rescue and six other individuals who routinely blocked access to reproductive health care clinics, arguing that the protesters’ behavior did not amount to discrimination against women even though only women could exercise the right to seek an abortion.