July 22, 2005
Here is something interesting I found while researching the nomination of John Roberts for the Supreme Court.
Liberal senators will challenge Roberts on Roe vs. Wade since he was part of a legal team in the first Bush administration that argued Roe was wrongly decided.
No less a figure than Edward Lazurus, Harry Blackmun's former law clerk, also believes Roe was wrongly decided, though he supports the outcome.
Blackmun wrote the majority opinion in Roe.
Lazarus writes, "as a matter of constitutional interpretation and judicial method, Roe borders on the indefensible...the problem, I believe, is that it has little connection to the constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history or precedent."
Lazarus continues that Blackmun's opinion "provides essentially no reasoning in support of its holding. And in the 30 years since Roe's announcement, no one has produced a convincing defense of Roe on its own terms."
Roberts should quote Lazarus if challenged on abortion.
I'm Cal Thomas in Washington.
Cal Thomas is a nationally syndicated columnist based in Washington, D.C. Watch his television show, After Hours with Cal Thomas, on the Fox News Channel, Saturdays at 11 p.m. Eastern Time.