Post buries lede: Liberal and conservative scholars agree Roe is bad case law
Bruce Fein, who worked closely with Roberts at the Justice Department, said that he did not know Roberts's personal feelings about abortion. "I know he thought Roe was totally ill-reasoned and extra-constitutional. Everyone in the department did -- we talked about it," he said. Whether Roberts would vote to overturn Roe v. Wade if confirmed to the Supreme Court "is another matter," Fein said, that depends on Roberts's views on how much weight should be given to court precedent. Laurence H. Tribe, a professor of constitutional law at Harvard University, noted that, during the 1980s, many liberal and conservative scholars alike believed that Roe v. Wade was a poorly reasoned decision -- "even those, like myself, who defended the outcome."
For all the talk of Roe as settled case law by liberal Democrats, the media would do well to also report that Roe is often seen by legal scholars as less than the hallmark of sound Court jurisprudence, ideological considerations aside.