I found this while reading through Judge John Roberts' confirmation hearing. The question is by Republican Senator Brownback, on the issue of abortion:
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BROWN: I want to also point out to you something -- and you talked a lot about it yesterday, and I really appreciate this -- about facts matter in a case. And judges decide cases. And cases are built on facts. And you have the facts and you have the law but the facts matter.
There's no one in my state that wouldn't be honored to show you the school building where Brown v. the Board of Education was decided. We just dedicated it last year. The president was there, 50th-year anniversary.
You can see the path where the little girl walked to the school and had to walk by the all-white school to get there. And you look at that set of facts (inaudible). You look at it and you say, "That's wrong." And you're ennobled that we no longer do that.
I held a hearing earlier this year on the factual setting of Roe v. Wade and Doe v. Bolton; the factual setting of these two cases. The two plaintiffs in those cases testified in front of the Judiciary Subcommittee. And I was there and Senator Feingold.
Both of them talked about the false statements of record that those cases were built upon, the false statements.
Listen to this statement by Sandra Cano. She's Doe of Doe v. Bolton. This is what she said, June 23rd, 2005, in Judiciary Subcommittee that I chaired.
Quote, "Doe v. Bolton falsely created the health exception that led to abortion on demand and partial birth abortion."
This is her statements now.
"I, Sandra Cano, only sought legal assistance to get a divorce from my husband and to get my children from foster care. Abortion never crossed my mind. Although, apparently, it was on the mind of the attorney from whom I sought help."
Further quote, "At no time did I ever have an abortion. I did not seek an abortion nor do I believe in abortion."
This is Sandra Cano, the Doe of Doe v. Bolton.
And then she goes on to say, "Doe v. Bolton is based on lies and deceit. It needs to be retired, retried or overturned" -- which she's trying to get it retried.
BROWNBACK: "Doe is against my wishes. Abortion is wrong." That's "Doe" of Doe v. Bolton.
Now here's Norma McCorvey, "Roe" of Roe v. Wade. This is just the factual setting. "I believe I was used and abused by the court system in America. Instead of helping a woman in Roe v. Wade, I brought destruction to me and millions of women throughout the nation."
Sandra McCorvey, quote, "This is really troubling, too. I made up the story that I had been raped to help justify my abortion" -- Sandra McCorvey.
Facts. Facts. In Roe v. Wade and Doe v. Bolton, falsified statements. And upon this we've based this constitutional right that's been found that we now have 40 million fewer children in this country to bless us with?
And I want to take another point on that to tell you -- we talked a lot about the disability community, and well we should, and the protection needed for the disability community. And that's important, because I think it really helps people that need help, but it helps the rest of us to be much more human and caring.
Senator Kennedy is helping me with a bill because a number of children never get here that have disabilities. Unborn children prenatally diagnosed with Down's Syndrome and other disabilities -- I don't know if you know this, but there was a recent analysis, and 80 percent to 90 percent of children prenatally diagnosed with Down's Syndrome never get here -- never get here. They're aborted in the system.
And people just say: Look, this child's got difficulties. And we even have waiting lists in America of people, today, willing to adopt children with Down's Syndrome. And we will protect that child -- as well we should, under the Americans with Disabilities Act and other issues -- when they get here.
But so much of the time, and with our increased ability of genetic testing, they don't get here. Diagnosed in the womb, system that encourages this child to be destroyed at that stage -- and this is all in the records.
And we are the poorer for it as a society.
All the members of this body know a young man with Down's Syndrome named Jimmy. Maybe you've met him, even. He runs the elevator that takes the senators up and down on the Senate floors. His warm smile welcomes us every day. We're a better body for him.
He told me the other day -- he frequently gives me a hug in the elevator afterwards. I know he does Senator Hatch often, too, who kindly gives him ties, some of which I question the taste of, Orrin...
(LAUGHTER)
... but he kindly gives ties.
HATCH: It doesn't have to get personal...
(LAUGHTER)
BROWNBACK: And Jimmy said to me the other day after he hugged me; he said "Shhh, don't tell my supervisor. They're telling me I'm hugging too many people."
(LAUGHTER)
BROWNBACK: And, yet, we're ennobled by him and what he does and how he lifts up our humanity and 80 to 90 percent of the kids in this country like Jimmy never get here.
What does that do to us? What does that say about us. And I would just ask you, Judge Roberts, to consider -- and probably you can't answer here today, whether the individuals with disabilities have the same constitutional rights that you and I share while they're in the womb.
ROBERTS: Well, Senator, I appreciate your thoughts on the subject very much. I do think, though, since those precise questions could come before the courts that that is in the area that I have to refrain from answering.
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