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Sotomayor in line on abortion, White House says

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Washington Post

The White House scrambled Thursday to assuage worries from liberal groups about Judge Sonia Sotomayor’s scant record on abortion rights, delivering strong but vague assurances that the Supreme Court nominee agrees with President Obama’s belief in constitutional protections for a woman’s right to the procedure.

Facing concerns about the issue from supporters rather than detractors, White House Press Secretary Robert Gibbs said that Obama did not ask Sotomayor specifically about abortion rights during their interview. But he indicated that the White House was nonetheless sure that she agrees with the constitutional underpinnings of Roe vs. Wade, which 36 years ago provided abortion rights nationwide.

“In their discussions, they talked about the theory of constitutional interpretation, generally, including her views on unenumerated rights in the Constitution and the theory of settled law,” Gibbs said. “He left very comfortable with her interpretation of the Constitution being similar to that of his.”

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In a 2007 debate during the campaign, then-candidate Obama said, “I would not appoint somebody who doesn’t believe in the right to privacy.” The Supreme Court has ruled that the right to privacy provides a woman the choice to terminate a pregnancy in its early stages.

The president’s advisors could not point to a specific basis for Obama’s belief that he and Sotomayor share the same view on the issue, other than their talk about judicial philosophies. In nearly 20 years as a district and appellate court judge, Sotomayor has not confronted constitutional questions about the issue.

But White House officials appeared eager to send a message that abortion rights groups do not need to worry about how she might rule in a challenge to Roe vs. Wade.

“He did not specifically ask, as we’ve stated for the past several days,” Gibbs said. “But as I just said, I think he feels -- I know he feels -- comfortable, generally, with her interpretation of the Constitution being similar to that of his.”

Sen. Barbara Boxer (D-Calif.), a leading Senate backer of abortion rights, said she would not specifically ask Sotomayor about Roe but also said she had no reason to doubt Sotomayor’s position on the issue. “I feel as comfortable as I could possibly feel,” Boxer said.

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