Scott McClellan's comments on Roe and Yasukuni

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For Immediate Release
Office of the Press Secretary
July 28, 2005

Press Briefing by Scott McClellan
James S. Brady Briefing Room
12:40 P.M. EDT

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Q Scott, a two-part. Does the President agree with Judge Roberts' 2003 statement that Roe v. Wade is, "the subtle law of the land?" Or does he hope Judge Roberts, once on the Supreme Court, might vote against this three-decade long Court precedent?

MR. McCLELLAN: You know, Les, the President doesn't have a litmus test when it comes to our courts. The President has made that very clear. He has never had a litmus test for appointing people to the bench. What the President believes is important is that we have judges serving that are committed to interpreting our Constitution and our laws and not trying to legislate from the bench. Judge Roberts meets that criteria, Judge Roberts has talked about how ideology and personal views shouldn't be getting in the way of the Judge making an impartial and open-minded and fair decision based on the law and based on the facts. He's talked about that in his previous testimony.

Q Can I follow up to that, Scott?

Q We are just two weeks away from the 60th anniversary of the surrender of Imperial Japan. The Washington Times reports in detail this morning on the Yasukuni Shrine in Tokyo, which has been likened by some historians to a Berlin shrine to Nazi Germany. And my question, does the President believe it would be wise and just, on August the 15th, for Prime Minister Koizumi not to honor Hideki Tojo and 13 other hanged war criminals, or should we just try to forget about the Bataan Death March?

MR. McCLELLAN: Les, I think there are some -- certainly some sensitivities in the region relating to this issue. I'm not going to comment on it from here. The President has a good relationship with Prime Minister Koizumi, and he appreciates his friendship.

Q Doesn't he think he ought to not get involved with these Japanese war criminals?

MR. McCLELLAN: I just told you, I'm not -- I'm just not going to get into commenting on it from here.

Go ahead.

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