Nor were the defendants correct in arguing that there was no settled law before the Supreme Court's ruling.
The nominees were asked if they agreed with Chief Justice Roberts's earlier comments that Roe was the "settled law of the land."
He stated: "Roe v. Wade is the settled law of the land.
But 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?
Her decision, she said, was based on "settled law."
There was at the time no settled law on the subject, and privacy advocates expressed concern and criticized the decision.
Senator Specter - And you went on to say, accordingly: "It is the settled law of the land," using the term "settled" again.
Senator Arlen Specter of Pennsylvania extracted from him a "commitment" to apply settled law rather than his own view.
My legal review revealed the troubling pattern of his willingness to modify settled law in criminal cases.