In Talk of Precedent, Sotomayor ‘Showed her Hand a Touch’ on Abortion
Judge Sonia Sotomayor’s comments about the meaning of precedent and a U.S. Supreme Court case on so-called partial-birth abortions may indicate that she will vote with liberal justices on the hot-button issue.
Supreme Court litigator Tom Goldstein wrote yesterday on SCOTUSblog that the Supreme Court nominee had “shown her hand a touch” in an exchange during her confirmation hearing, “erasing any suggestion she wouldn’t be with the left.”
The questions centered on the 2007 Supreme Court ruling Gonzales v. Carhart that upheld a ban on late-term abortions despite the lack of an exception for women’s health, the New York Times reports. Critics have said the opinion contradicted earlier precedent requiring a health exception. The opinion did not overrule prior precedent and instead cited a congressional finding that no health exception was necessary.
Sen. Dianne Feinstein, D-Calif., asked Sotomayor about instances where there are “multiple precedents” and asked whether it is still settled law that abortion restrictions must have health exceptions.
“You mentioned many cases,” Sotomayor replied. “It has been a part of the court’s jurisprudence and a part of its precedents. Those precedents must be given deference in any situation that arises before the court.”
“Does a woman have a right to have her health considered?” Feinstein asked, according to the live blog account at ABAJournal.com.
“Yes,” said Sotomayor, “that continues to be the case.”
