Do you agree with Justice Scalia's view that Roe was wrongly decided?

So, Senator, I do want to be forthright and answer every question so far as I can.

I think on that question, you know, I'm going to invoke Justice Kagan's description,

which I think is perfectly put.

When she was in her confirmation hearing, she said that she was not going to grade precedent

or give it a thumbs up or a thumbs down.

And I think in an area where precedent continues

to be pressed and litigated, as is true of Casey,

it would be particularly, it would actually be wrong

in a violation of the canons for me to do that as a sitting judge.

So if I express a view on a precedent one way or another, whether I say I love it or I hate it,

it signals to litigants that I might tilt one way or another in a pending case.

So on something that is really a major cause with major effect on over half of the population

of this country who are women, after all, it's distressing not to get a straight answer.

So let me try again.

Do you agree with Justice Scalia's view that Roe was wrongly decided?

Senator, I completely understand why you are asking the question, but again, I can't pre-commit or say,

yes, I'm going in with some agenda because I'm not. I don't have any agenda.

I have no agenda to try to overrule Casey.

I have an agenda to stick to the rule of law and decide cases as they come.

Well, as a person, I don't know if you'll answer this one either, do you agree with Justice Scalia's view that Roe can and should be overturned by the Supreme Court?

Well, I think my answer is the same because, you know, that's a case that's litigated.

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