Alito Refuses to State Whether Roe v. Wade is Settled Law

In 1985, Samuel Alito wrote in a federal job application that he personally believes "the Constitution does not protect a right to an abortion."

On Tuesday, during the first day of questioning, he declined to say whether he still believes this but he vowed to go into any case involving abortion with a "open mind."

On Wednesday, however, Alito refused to state that Roe v. Wade was the settled law of the land -- a statement made by John Roberts four months ago during his confirmation hearings to become Chief Justice of the Supreme Court.

* Sen. Dick Durbin (D - IL), questioning supreme court nominee Samuel Alito.

* Jamin Raskin, Professor of Constitutional Law at American University's School of Law and author of "Overruling Democracy: The Supreme Court vs. the American People."

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