Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 31, 1990 TAG: 9007310411
SECTION: NATIONAL/INTERNATIONAL PAGE: A/2 EDITION: EVENING
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
While abortion-rights activists are demanding that the Senate fully investigate Souter's abortion views, anti-abortion groups say such an inquiry would be inappropriate.
Souter was to pay courtesy calls to two anti-abortion members of the Senate Judiciary Committee today - Charles Grassley, R-Iowa, and Dennis DeConcini, D-Ariz.
The committee is to begin confirmation hearings Sept. 13, and senators on both sides of the politically explosive issue say a discussion of abortion will be on the agenda.
One group that backs abortion rights, the liberal People for the American Way, released copies Monday of a 1976 brief in which the New Hampshire attorney general's office headed by Souter referred to abortion as "the killing of unborn children."
In an earlier case, argued in 1972 when Souter was the state's deputy attorney general, New Hampshire defended its strict anti-abortion law against a constitutional challenge by arguing, "The maintenance of an unborn child's right to birth is a compelling interest which outweighs any rights of a mother to an abortion except when necessary to preserve her life."
Richard Wiebusch, whose signature appears on the 1976 brief as an assistant attorney general, said today that Souter wasn't involved in the preparation of the case.
"I don't recall him looking at the language, talking to me about the argument or approving any line of argument," said Wiebusch, now a lawyer in private practice in Manchester, N.H.
He said the brief did not represent anyone's personal view on abortion but was the result of the obligation of the attorney general's office to defend regulations adopted by a state social services agency.
"The language in the briefs is all mine," Wiebusch said. "I don't remember having any discussions with David about the case." He said he did not know Souter's opinions on abortion.
The U.S. Supreme Court legalized abortion in its 1973 decision in Roe vs. Wade.
"The Senate should ask Judge Souter to address himself" to the 1976 document, said Arthur Kropp, president of People for the American Way. He said the language "suggests a clear sympathy for an anti-abortion viewpoint."
Kate Michelman of the National Abortion Rights Action League added, "Judge Souter's use of rhetoric commonly used by anti-choice extremists is profoundly alarming."
But Rebecca Hagelin of the anti-abortion Concerned Women for America said the language used in the 1976 brief "tells me absolutely nothing about how he is going to rule if given an opportunity to reassess Roe vs. Wade."
"This is an attempt by the opposition to create a lot of hoopla. Everyone seems to be grasping at straws," she said. "As someone who is passionately pro-life, I'd love to know his views on this subject but it would be inappropriate to ask."
by CNB