Pro-Life Group Disputes Sotomayor’s View that Roe v. Wade Is ‘Settled Law’

By Melanie Hunter-Omar | July 14, 2009 | 5:17 PM EDT

Supreme Court nominee Sonia Sotomayor testifies on Capitol Hill in Washington, Tuesday, July 14, 2009, before the Senate Judiciary Committee. (AP Photo/Gerald Herbert)

( – Supreme Court nominee Sonia Sotomayor told the Senate Judiciary Committee on Tuesday that she considered Roe v. Wade, the Supreme Court case that legalized abortion, to be “settled law.”
When Sotomayor was asked how she felt about Roe v. Wade, she said “there is a right of privacy. The court has found it in various places in the Constitution," specifically, in the Fourth Amendment, which protects against unreasonable search and seizure and the 14th Amendment, which guarantees equal protection of the law.
During questioning from Sen. Orrin Hatch (R-Utah), Sotomayor also said that "all precedents of the Supreme Court I consider settled law." Those precedents are subject to possible reversal, she said, for instance when the court repudiated a previous precedent in the reverse discrimination case of white firefighters from New Haven, Conn., a case she resided over and ruled against the plaintiffs in the case.
Dr. Charmaine Yoest, president of Americans United for Life, said Roe is “anything but settled law.”
“This question of Roe as settled law goes to a central point in the testimony we’ll be providing on Thursday morning: Roe is not settled law,” Yoest said in a statement.
“The holding in Roe establishing the right to abortion has been substantially modified in subsequent cases - even Casey while reaffirming the central holding of Roe, modified the standard of review applied to abortion regulations. As Roe and its successors continue to be repeatedly reconsidered, it is anything but settled law,” Yoest added.