Questions for Roberts

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?

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: