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Which Supreme Court Justices Are Pro-Life?

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    Chief Justice John Roberts

    • Chief Justice Roberts is probably pro-life. During confirmation hearings in 2005, he consistently testified that he would uphold legal precedents such as the decision in Roe v. Wade that made abortion legal. However, he also authored a number of legal memos, especial while working as a lawyer for the administrations of Ronald Reagan and George H. W. Bush, that promote pro-life policies and even urge courts to overrule previous decisions. As a justice, Roberts voted in 2007 to uphold a federal ban on what was called "partial-birth abortion."

    Antonin Scalia

    • Justice Scalia is pro-life. Scalia may be the Court's most vocal opponent to Roe v. Wade. He has stated repeatedly that he explicitly believes Roe v. Wade to be unconstitutional and has voted with the minority to overturn the ruling on several occasions.

    Anthony Kennedy

    • Justice Kennedy may be pro-life. As a justice, Kennedy has voted several times to uphold legislative restrictions on certain abortion procedures and availability. However, he has also voted to uphold the constitutionality of Roe v. Wade. He wrote a majority decision in 2007 that upheld a federal ban on what was called "partial birth abortion."

    Clarence Thomas

    • Justice Thomas may be pro-life. During his tenure on the Supreme Court, Thomas has voted both to uphold and reject challenges to abortion restrictions. He has also stated that he agrees with his colleague, Justice Antonin Scalia, that abortion is not a constitutionally recognized liberty.

    Ruth Bader Ginsburg

    • Justice Ginsburg is pro-choice. As a justice, Ginsburg consistently votes with the "liberal wing" of the Supreme Court. She has voted to reject several restrictions on abortion and has even explicitly stated that she believes the government has no right to make rules restricting a woman's right to obtain an abortion.

    Stephen Breyer

    • Justice Breyer is pro-choice. During his tenure on the Supreme Court, Breyer has tended to vote with the "liberal wing" of the Court. He has consistently voted to reject challenges to abortion rights.

    Samuel Alito

    • Justice Alito may be pro-life. During his confirmation hearings in 2006, Alito refused to take any stance on the decision in Roe v. Wade, which made abortion legal. However, he voted with the majority in 2007 to uphold a federal restriction on what was called "partial-birth abortion."

    Sonia Sotomayor

    • Justice Sotomayor's position is unclear. Sotomayor was appointed to the Supreme Court in 2009, and so has not participated in any major cases as a Supreme Court Justice dealing with the constitutionality of abortion rights. However, as a federal judge, she ruled to uphold a policy of the administration of George W. Bush to cut off funding to foreign organizations that perform or promote abortion services.

    Elena Kagan

    • Justice Kagan may be pro-choice. Kagan is the newest addition to the Supreme Court, winning nomination in August 2010. As such, she has not participated in any court rulings. During her confirmation, she remained quiet on the subject of abortion rights and Roe v. Wade. However, while serving as associate White House counsel to the administration of former President Bill Clinton, she authored a memo urging the president to support a ban on what were called "partial-birth abortion" procedures.

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