Souter Silent on Abortion : Hearings on Nominee for Court Begin

The Senate Judiciary Committee today opened confirmation hearings on Supreme Court nominee David H. Souter, who firmly refused to discuss his views on abortion, saying it was “inappropriate to comment” on the 1973 ruling that legalized it.

In his opening moments as witness for his own nomination, Souter told the panel that the Constitution provided an unwritten right to privacy, the basis for the Supreme Court’s abortion ruling in Roe vs. Wade.

Souter began his trip through the confirmation gantlet after Sen. Joseph R. Biden Jr. (D-Del.), the committee chairman, appealed to him for a “glimpse into your heart” on issues such as privacy and equal rights.

The Supreme Court has been deeply divided in recent years with 5-4 rulings on many contentious issues such as abortion and civil rights. Conservatives are hoping that if confirmed, Souter would help anchor the court firmly on the right.

Speaking in a clipped New England accent, Souter made an opening pledge that if confirmed, he would work to preserve the Constitution and the rights it bestows “for the generations that will follow us after we are gone from here.”

Sitting at the witness table, Souter said he had learned two lessons as a judge--that rulings affect individuals and that “we had better use every power of our minds and our hearts and our beings to get those rulings right.”

The morning session of the committee was consumed by statements by the senators on the panel. Souter sat quietly listening to them.

Biden said lawmakers had a “duty to discover” his views on a range of issues that might come before the court. He did not single out abortion.

Sen. Alan K. Simpson of Wyoming, in sentiments echoed by other Republicans, said, “We are certainly not here to find out how you will rule on various issues before the court.”

When it came time for questions, Biden assured Souter that he was free to refuse to answer any he deemed improper.

With that, the Delaware Democrat bore in on the issue of privacy, questioning Souter about a case involving a married couple’s right to use birth control.

Souter quickly agreed that the Constitution provides an “unenumerated right to privacy”--and Biden said he was pleased to hear that.

But Souter repeatedly refused to be drawn into any comment on the right to abortion--an issue that he noted had been on “everyone’s minds and lips since the moment of my nomination.”

It would be “inappropriate to comment” on the Roe vs. Wade ruling, he said.