Senators demand Roe be upheld

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A group of female Democratic senators said yesterday that they will vote against Supreme Court nominee John G. Roberts Jr. unless he vows to uphold abortion rights.

Yesterday's comments exceed previous posturing by Democrats calling on Judge Roberts to state his position on settled cases, a practice that previous high court nominees have avoided. They also come closer than ever to establishing a single-issue "litmus test" for his confirmation.

"Thousands of women a year died in back alleys," Sen. Barbara Boxer, California Democrat, said of the days before Roe v. Wade, the 1973 Supreme Court decision that established abortion rights.

"For more than 20 years, Sandra Day O'Connor has been an important vote in upholding Roe v. Wade," she said. "Will Judge Roberts be that same important voice?"

Sean Rushton, director of the conservative Committee for Justice, groaned when he read the comments.

"This is a single-issue litmus test that strikes at the heart of an independent judiciary," he said. "It proves that the Democratic Party is increasingly focused solely on the issue of abortion on demand. Their greatest fear is a nonpolitical judge who will read the law as it's written."

At a press conference yesterday, the women were asked whether any of them could vote in favor of Judge Roberts if he said Roe was wrongly decided. None spoke up. Mrs. Boxer said she would find it "impossible" to vote for him.

Asked specifically, Sen. Hillary Rodham Clinton, New York Democrat, clarified that she would wait to hear Judge Roberts' answers during his confirmation hearings.

"I'm not going to be speculating," she said.

Also on stage were Barbara A. Mikulski of Maryland, Debbie Stabenow of Michigan, and Patty Murray and Maria Cantwell of Washington. Although Miss Mikulski did not say that she would support Judge Roberts if he opposes abortion, she said the coalition of female senators cared about more than just abortion rights.