Three questions I’d like to hear John Roberts answer:
1. You said, in your confirmation hearing for the DC Circuit, that Roe v. Wade was “settled law.” Was that true only from the perspective of a circuit court judge, or do you take Roe to be “settled law” for the purposes of future Supreme Court cases?
2. You have raised questions about the existence of a Constitutional right to privacy. If there is no such right, then was Griswold v. Connecticut wrongly decided? Could a state legislature Constitutionally forbid a married couple from using contraception? If not, under what theory?
3. How would you have voted in Bush v. Gore?