Does the Constitution recognize and protect an unenumerated right of privacy?
It should be the first question put to President George W. Bush's nominee, John Roberts. If, like Souter, he says yes, then he's unlikely to provide the next vote needed to overturn Roe. If he says no, then abortion-rights activists probably should prepare to take their battle to the states and no longer expect the high court to stand in the way of state legislatures that would outlaw abortions.
And if Roberts refuses to answer the question, or dodges it in some clever way, he should not be confirmed. Anyone seeking to hold a swing vote on such a critical issue owes everyone -- conservatives and liberals -- an answer to that question.
I haven't made up my mind about this guy yet. With Bush in office, the person we would want to see on The Court is not going to be nominated, so we have to go with a "lesser of evils". Roberts? Maybe so, maybe no. I'll just sit here and watch for a while.
I'm not going to link you to InstaIdiot because it would soil my keyboard, but he has a link to a piece that says "Ann Coulter says Roberts is not conservative enough". Duh. That may be a (small) point in his favor, but then no one is conservative enough for The Skank.