The second day of confirmation hearings for Supreme Court nominee John Roberts began Tuesday with members of the Senate Judiciary Committee questioning Roberts about the landmark Roe v. Wade ruling that gave women legal access to abortion. Roberts was also grilled on how he would handle precedents set by previous court rulings. Ari Shapiro reports.
MADELEINE BRAND, host: From NPR West, this is DAY TO DAY.  I'm Madeleine Brand.</s>MADELEINE BRAND, host: Coming up, we'll talk about the president's comments today on where the      buck stops on Hurricane Katrina.  But first on Capitol Hill today,      President Bush's nominee for chief justice of the United States faces      more questioning from the Senate Judiciary Committee.  Here with more on      the second day of hearings for Judge John Roberts is NPR's Ari Shapiro.</s>MADELEINE BRAND, host: ARI SHAPIRO reporting:</s>MADELEINE BRAND, host: Almost as soon as questioning began, John Roberts drew a line on which      questions he would not answer.</s>Judge JOHN ROBERTS (Supreme Court Nominee): I do feel compelled to point      out that I should not, based on the precedent of prior nominees, agree or      disagree with particular decisions.</s>SHAPIRO: The decision in question was Roe vs. Wade, which granted women      the right to an abortion.  Pennsylvania Republican Arlen Specter, the      pro-choice chairman of the Judiciary Committee, spent nearly his entire      half-hour questioning Roberts about abortion rights.  And though Roberts      would not commit to upholding or overturning Roe, the nominee did say he      thinks a precedent has been established.</s>Judge JOHN ROBERTS (Supreme Court Nominee): I do think that it is a jolt to the legal system when you      overrule a precedent.  A precedent plays an important role in promoting      stability and evenhandedness.  It is not enough--and the court has      emphasized this on several occasions--it is not enough that you may think      the prior decision was wrongly decided.  That really doesn't answer the      question; it just poses the question.</s>SHAPIRO: Specter also asked Roberts about a memo he wrote in the 1980s      that referred to the so-called `right to privacy.'</s>Senator ARLEN SPECTER (Republican, Pennsylvania): Do you believe today      that the right to privacy does exist in the Constitution?</s>Judge JOHN ROBERTS (Supreme Court Nominee): Senator, I do.  The right to privacy is protected under      the Constitution in various ways.</s>SHAPIRO: Roberts said his memo was an attempt to convey his clients'      opinion, not his own.  His clients' views came up again when Specter      asked Roberts about work he did on Romer vs. Evans, a landmark gay rights      case.  Roberts provided free legal assistance to the gay plaintiffs in      the case at his law firm's request.  Roberts said he'd often been asked      to help with cases and never refused.</s>Judge JOHN ROBERTS (Supreme Court Nominee): It was my view that lawyers don't stand in the shoes of      their clients and that good lawyers can give advice and argue any side of      a case.</s>SHAPIRO: The ranking Democrat on the committee, Patrick Leahy of      Vermont, focused his questions on the separation of powers.  Leahy quoted      memos that Roberts wrote in the '80s as a White House lawyer.  Those      memos said the president had broad authority despite the wishes of      Congress in a particular case concerning veterans' benefits.  The senator      wanted to know whether a Chief Justice Roberts would keep presidential      power in check.  Roberts again replied that when he wrote that memo, he      was serving a client.</s>Judge JOHN ROBERTS (Supreme Court Nominee): I believe very strongly in the separation of powers.      That was a very important principle that the framers set forth that is      very protective of our individual liberty.</s>SHAPIRO: Leahy also wanted to know Roberts' opinion on a now-disavowed      Justice Department memo that said the president could legally circumvent      international treaties outlawing torture.</s>Senator PATRICK LEAHY (Democrat, Vermont): Do you believe that the      president has a commander in chief override to authorize or excuse the      use of torture in interrogation of enemy prisoners even though there may      be domestic and international laws prohibiting this specific practice?</s>Judge JOHN ROBERTS (Supreme Court Nominee): Senator, I believe that no one is above the law under our      system and that includes the president.  The president is fully bound by      the law, the Constitution and statutes.</s>SHAPIRO: As the day progresses, each of the 18 Judiciary Committee      members will question the nominee for half an hour.  If everything goes      according to schedule, the hearing will end on Thursday.  Ari Shapiro,      NPR News, Washington.