Time, Newsweek, U.S. News mis-cited Roberts's "settled law" comment on Roe

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Time, Newsweek, U.S. News mis-cited Roberts's "settled law" comment on Roe v. Wade

In reporting on the judicial record of Supreme Court nominee Judge John G. Roberts Jr., Time, Newsweek, and U.S. News & World Report misconstrued Roberts's pledge during his 2003 appellate court confirmation hearing to "fully and faithfully apply" Roe v. Wade as the "settled law of the land" as an indication of whether he would vote to uphold the landmark 1973 abortion-rights decision if confirmed to the Supreme Court. In fact, Roberts's description of Roe as "settled law" in the context of an appellate court nomination indicates nothing about either his personal views on abortion or whether he would vote to uphold Roe if confirmed to the high court. As an appellate judge, Roberts must uphold the law and adhere to Supreme Court precedent or face the threat of reversal; his description of Roe as "settled law" merely amounted to a pledge to do his job. But as a Supreme Court justice, Roberts would be free to reconsider and overturn prior Supreme Court rulings, including Roe.

The August 1 Time featured a profile of Roberts by senior editor Nancy Gibbs, who noted that those searching through Roberts's record will have "a tough time finding an ideology." As an example of Roberts's ability to "argue all sides of any issue," Gibbs offered the supposed contrast between a 1990 legal brief Roberts wrote on behalf of the first Bush administration that advocated overturning Roe, and Roberts's pledge to uphold Roe as "settled law" at his 2003 confirmation hearing for a seat on the U.S. Court of Appeals for the District of Columbia Circuit. This is a false contrast; Roberts's 2003 comment was not an argument for or against the Supreme Court upholding Roe. <snip>

Time, U.S. News, and Newsweek join numerous other media outlets in misconstruing Roberts's "settled law" pledge as a position statement on abortion rights.

http://mediamatters.org/items/200507250003