Conservatives Fear Souter Repeat in Supreme Court Choice
By Marc Morano
CNSNews.com Senior Staff Writer
July 11, 2005

Labeled a "home run" for conservatives when he was nominated for a vacancy on the U.S. Supreme Court in 1990, Justice David Souter has turned out to be anything but. In fact, conservatives now use Souter as an example of the kind of justice they want President George W. Bush to avoid as he deliberates on a replacement for outgoing Justice Sandra Day O'Connor.

Only one prominent conservative organization, the Conservative Caucus, opposed Souter's nomination 15 years ago. Other conservative groups believed Souter would help overturn Roe v. Wade, the Supreme Court's 1973 ruling legalizing abortion.

"I discovered that as a trustee of two New Hampshire hospitals -- Dartmouth Hitchcock and Concord Memorial -- [Souter] had changed the policies of those two hospitals from zero abortion to convenience abortion," Howard Phillips, chairman of the Conservative Caucus, told Cybercast News Service in recalling his investigation of Souter's background...

It was Souter's role in the 1992 Supreme Court decision, Planned Parenthood of Southeastern Pennsylvania v. Casey that established him as a judicial enemy of pro-lifers. In a 5-4 ruling, the court upheld Pennsylvania's abortion restrictions (24-hour waiting period and parental notification), but also re-affirmed Roe v. Wade...

President George W. Bush's motives in replacing Sandra Day O'Connor are also being questioned by Phillips. "[President Bush] doesn't want to get rid of Roe. He wants to 'change hearts and minds,' he doesn't want to change Roe v. Wade," Phillips said.

Phillips, who left the Republican Party shortly after Souter's confirmation and formed his own Constitution Party, warned that conservatives should not "deceive themselves" over Bush's pro-life intentions.

"It is self-deception on the part of conservatives and Christians, who are unwilling to say the Republican Party is leading us over the cliff," he added.


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