John Nichols of The Nation demonstrates quite a leap in his logic:
When pressed, Roberts suggested that only in extraordinary circumstances--when the precedent has proved to be "unworkable" or "difficult to apply"--should the Court even consider overturning settled law.What Nichols fails to understand is that Roberts described how the Supreme Court should go about handling precident; not how he will personally handle the matter. Roberts did not - in any way, shape or form, tell the judiciary committee how he was going to rule on the matter if given the opportunity to overturn Roe v. Wade.
Since the Roe v. Wade precedent has survived basically intact through three decades of legal and legislative assaults, and since it has not proved to be unworkable or difficult to apply, Roberts has effectively promised the Senate--under oath--that he will not seek as the Chief Justice to outlaw abortion or other reproductive rights.
These senators should also make it clear that, if John Roberts turns out to be the judicial activist that some fear, and if that activism takes the form of an attack on what he has described as "settled" law, then they will move the impeachment resolution immediately.
Moreover, the "unworkable" and "difficult to apply" standards are as subjective as you can get, and are precisely what judges are supposed to mull over, not congressmen! Impeaching a judge based soley on his findings is a direct violation of the Consitution, which gives the Supreme Court independent judiciary power.
What nerve Nichols has bringing up "activism" when he is the guiltiest of all parties, suggesting senators should resort to threats and blackmail.
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