Senators Question Federal Judicial Nominee Honaker On Abortion-Rights Views

Main Category: Abortion
Article Date: 14 Feb 2008 - 5:00 PDT

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U.S. district judicial nominee Richard Honaker told Senate Judiciary Committee members Tuesday that he would "check" his views on abortion rights and other issues "at the door" and not "legislate from the bench" if confirmed as a judge, the AP/Rapid City Journal reports. According to the AP/Journal, abortion-rights groups are "furiously" opposing Honaker's nomination (Jalonick, AP/Rapid City Journal, 2/12).

While a member of the Wyoming Legislature in 1991, Honaker introduced a bill -- called the Human Life Protection Act -- that would have banned abortion except in cases of rape or incest or if the pregnant woman's health was in jeopardy. The legislation would have required survivors of rape and incest seeking an abortion to report the crime within five days.

After the legislation failed, the political action committee Unseen Hands of Prayer Circle attempted to place the measure on a state ballot. Honaker represented Unseen Hands in an appeal to the Wyoming Supreme Court (Daily Women's Health Policy Report, 5/21/07). Honaker also told fellow state lawmakers in 1991 that the "people of Wyoming" want the abortion issue debated, adding, "It is wrong to kill these children. You know that in your hearts."

Sens. Dianne Feinstein (D-Calif.) and Arlen Specter (R-Pa.), both abortion-rights supporters, "drilled" Honaker about his views on Roe v. Wade, according to the AP/Journal. Honaker said, "The spirit of [Roe] is the right to privacy, and I recognize the right to privacy" (AP/Rapid City Journal, 2/12). He also said, "I recognize the precedent of the United States Supreme Court." Feinstein responded that he never answered her question with regard to whether his legislation recognized the right to privacy, adding, "If that's your answer, then so be it" (Straub, Billings Gazette, 2/13).

Sens. Mike Enzi (R-Wyo.) and John Barrasso (R-Wyo.) introduced Honaker at the hearing and said they support his nomination. "Those groups who oppose Mr. Honaker do not know him as well as I do," Enzi said, adding, "They do not know him as well as Wyoming's legal community, who have sent in countless letters in support of his nomination."

Nancy Keenan, president of NARAL Pro-Choice America, issued a statement after the hearing criticizing Honaker. President Bush "will leave office in less than a year, but if Honaker is confirmed, Wyoming residents will be subject to Bush's brand of ideological, anti-choice extremism for years to come," Keenan said.

Honaker currently practices law in Rock Springs, Wyo. If confirmed, he would take over the U.S. district court seat in Wyoming vacated by Judge Clarence Brimmer, who has retired. Feinstein, who was acting chair for the hearing, said she was not satisfied with Honaker's answers but declined further comment, according to the AP/Journal. "There's a lot of work to be done," Feinstein said, adding, "It takes some time" (AP/Rapid City Journal, 2/12).

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