In his confirmation hearing in 2003 to the appeals court, when asked about abortion, Roberts said that the Supreme Court was clear on the matter, and he could uphold it: “Roe v. Wade is the settled law of the land,” he said. “There’s nothing in my personal views that would prevent me from fully and faithfully applying that precedent.”
Alito agrees.
Appeals courts have different roles than the Supreme Court.
http://mediamatters.org/research/200507210004
DURBIN: Let me just ask you this: John Roberts said that Roe v. Wade is the settled law of the land. Do you believe it is the settled law of the land?
ALITO: Roe v. Wade is an important precedent of the Supreme Court. It was decided in 1973. So it’s been on the books for a long time. It has been challenged on a number of occasions. And I discussed those yesterday.
And it is my — and the Supreme Court has reaffirmed the decision; sometimes on the merits; sometimes — in Casey — based on stare decisis. And I think that when a decision is challenged and it is reaffirmed, that strengthens its value as stare decisis for at least two reasons.
First of all, the more often a decision is reaffirmed, the more people tend to rely on it. Secondly, I think stare decisis reflects the view that there is wisdom embedded in decisions that have been made by prior justices who take the same oath and are scholars and are conscientious. And when they examine a question and they reach a conclusion, I think that’s entitled to considerable respect. And, of course, the more times that happens, the more respect the decision is entitled to. And that’s my view of that.
So it’s a very important precedent...
DURBIN: Is it the settled law of the land?
ALITO: If “settled” means that it can’t be reexamined, then that’s one thing. If “settled” means that it is a precedent that is entitled to respect as stare decisis and all of the factors that I’ve mentioned come into play, including the reaffirmation and all of that, then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis in that way.
DURBIN: How do you see it?
ALITO: I have explained, Senator, as best I can how I see it. It a precedent that has now been on the books for several decades. It has been challenged. It has been reaffirmed.
But it is an issue that is involved in litigation now at all levels. There is an abortion case before the Supreme Court this term. There are abortion cases in the lower courts. I’ve sat on three of them on the Court of Appeals for the 3rd Circuit. I’m sure there are others in other courts of appeals or working their way toward the courts of appeals right now. So it’s an issue that is involved in a considerable amount of litigation that is going on.
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/11/AR2006011101148.html
Well, looks like they will be called RINO’s here.