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Sunday, July 24, 2005 11:43 a.m. EDT

Durbin: Pro-Life Stance Would 'Disqualify' Roberts

The Senate's No. 2 Democrat said Sunday that if Judge John Roberts doesn't recognize that the Constitution's right to privacy covers the Roe vs. Wade abortion decision, it would "disqualify" him from serving on the Supreme Court.

Asked on NBC's "Meet the Press" if President Bush had "the same right" to appoint pro-life justices that President Clinton had to appoint pro-choice justices, Durbin at first insisted, "I'm not looking for a litmus test."

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  "As important as reproductive rights and women's rights are, I just basically want to know that if the next case involving privacy and personal freedom came up, what he believes," the Illinois Democrat claimed.

Asked, however, what he would do if Roberts "said he did not see a right to privacy in the Constitution," Durbin told MTP host Tim Russert: "I wouldn't vote for him. That would disqualify him in my mind."

Asked whether he intended to question Roberts directly about his position on Roe vs. Wade, Durbin said: "I'm going to get very specific. But I've had an experience with him before. He didn't get very specific in his answers when he was up for the D.C. Circuit Court of Appeals."

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