On the recordFebruary 11, 2003
Let me read my question: You and I met privately before your hearing-- I addressed this to Miguel Estrada-- and I asked you for your views on Roe v. Wade. You indicated you considered the answer to that question to be a private matter, but your answer suggested you do have an opinion. Do you have an opinion on the merits of Roe v. Wade? If so, have you read the briefs and transcripts of the oral argument? This is Miguel Estrada's response: I stated during our meeting, like many Americans, I have personal views on the subject of abortion, which views I consider a private matter that I was unprepared to share or discuss with you. I also stated I do not harbor any personal views of any kind that if I were a judge would preclude me from applying controlling Supreme Court law in the area of abortion. I did not state that I have private views on whether Roe v. Wade was correctly decided. As I stated during my hearing, it would not be appropriate for me to express such a view without doing the intensive work that a judge hearing that case would have to undertake, not only reading briefs and hearing the arguments of counsel but also independently investigating the relevant constitutional text, case law, and history. Had he answered exactly as the Senator from Utah had said--it is controlling law, and that is what I will apply, or this is my view on the general issue of privacy--I think it would have opened our eyes to an insight into what he was thinking.…
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