Attorney General Alberto Gonzales: High Court Not Bound by Roe V. Wade

An AP story today cites U.S. Attorney General Alberto Gonzales as acknowledging that the Supreme Court is not "bound" by the decision in Roe v. Wade:

WASHINGTON (AP) - Talking about the landmark court decision legalizing abortion, Attorney General Alberto Gonzales said a Supreme Court justice does not have to follow a previous ruling "if you believe it's wrong."

In an interview with The Associated Press on Tuesday, Gonzales said the legal right to abortion is settled for lower courts but not the Supreme Court, suggesting high-court nominee John Roberts would not be bound by his past statement that the 1973 Roe v. Wade decision settled the issue.

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Gonzales said circumstances had changed since Roberts commented on Roe v. Wade during his 2003 confirmation hearing for the seat he now holds on the U.S. Court of Appeals for the District of Columbia Circuit.

"If you're asking a circuit court judge, like Judge Roberts was asked, yes, it is settled law because you're bound by the precedent," Gonzales said.

"If you're a Supreme Court justice, that's a different question because a Supreme Court justice is not obliged to follow precedent if you believe it's wrong," Gonzales said.

[Full story]