7-29-90 Sunday. There’s a lot of talk these days about whether United States Senators should ask Supreme Court nominee David Souter for his views on privacy and abortion when the confirmation hearings begin in September. President [George Herbert Walker] Bush and other conservatives argue that it is improper to “ask about particular cases”, while liberals claim that it is legitimate. What bothers me is the assumption that the only way to find out how Souter would rule in an abortion case is by asking what he thinks of Roe v. Wade, the 1973 case about which there has been so much controversy. Roe, like any other case, consists of a decision and an opinion. The opinion has a rational structure, which is to say that it has a foundation and a constructed edifice. The majority postulated a right to privacy and reasoned that it is broad enough to emcompass [sic; should be “encompass”] a woman’s right to choose an abortion. If I were a senator, I would simply ask Souter whether he believes (1) that there is a constitutional right to privacy and (2) if so, whether it includes the decision to abort. I would never mention Roe, nor would I have to. The discussion would take place on the plane of principles. Since conservatives have not objected to questions about Souter’s principles, including his principles of statutory and constitutional interpretation, they could hardly complain. Journalists, of course, haven’t read and don’t understand the Roe opinion, which explains why they are fixated on questions about the case itself rather than the principles on which it rests.
I set a speed record on my bike this afternoon: fifty miles per hour. Fifty! The previous record was forty-eight, which I attained several times on Cedar Hill. The only things different about today’s ride were (1) I had a slight tailwind as I came down the hill and (2) I pedaled more vigorously than usual at the top, before settling into the tuck position on my aerobars. That must have made the difference. Since fifty is such a nice, round number, I’m not concerned to break it. All I can do is marvel at the Tour de France riders, who reportedly reach speeds of sixty miles per hour on certain descents. What a rush that must be! At that speed, any mechanical failure, lapse of attention, or road irregularity could be fatal. My average speed for today’s 44.4-mile ride, a few miles of which was in a light rain, wasn’t bad: 18.66 miles per hour. I improved significantly over the past two days, which tells me that I’m working myself back into shape. It’s hard to believe that I could get out of shape, since I ride at least forty-four miles at least twice a week—and have for many months. But with this heat and humidity (it reached 101 degrees [Fahrenheit] this afternoon), it’s easy to get into a rut. For the three-day weekend I rode 139.7 miles. Today’s ride pushes me over the 4000-mile mark for 1990, which means I’m still on track for 7000 miles this year. I’ll settle for 6000. [I ended up with 6,205.9.]
Keith Burgess-Jackson, J.D., Ph.D. 