Mind Still Open on Abortion Issue, Souter Says

Supreme Court nominee David Souter said today that he has not made up his mind on the abortion rights issue and would consider both sides if he is confirmed.

Faced with repeated probes for his predisposition in the case of Roe vs. Wade, Souter broke from his pattern of not commenting and stated flatly that he does not have a position.

“I have not got any agenda on what should be done with Roe vs. Wade,” Souter told the Senate Judiciary Committee.

“I would listen to both sides of that case. I have not made up my mind and I would not go on the court saying I must go one way or I must go the other way,” he said.

Souter’s comments came during his second day of testimony, during which he also said he was obligated as a state official to defend limits on the separation of church and state--but he probably would have ruled for the opposite side had he been the judge.

When in the New Hampshire attorney general’s office, Souter defended former Gov. Meldrim Thomson’s order that flags be lowered to half staff on Good Friday. He also prosecuted two Jehovah’s Witnesses for covering the state motto, “Live Free or Die,” on their license tags.

Souter told the Senate Judiciary Committee today that he was obligated to defend the state if arguments could be made, and he maintained that he could in those cases.

But, he acknowledged, “If I were sitting as a judge today, I probably would have ruled the same way” as the one who decided the flag-lowering order was unconstitutional.

As for the license plate motto, he said the state did not have “a particularly compelling interest” in keeping its slogan visible. The couple did not cover the numbers on the plate.

But Souter said it was important for him to pursue the cases. He said part of the job of upholding the Constitution was to bring forth arguments on issues.

President Bush, meanwhile, touted Souter today. He said on the White House lawn that his nominee’s performance has been “magnificent.”

Bush said he watched parts of the hearing Thursday and today “and my admiration for Judge Souter--respect for him--is even higher” than before.

He said Souter had handled the panel’s questions “with such intellect and such a knowledgeable manner” that no one could accuse him of evasion.