Judge John Roberts testified Tuesday that he believes the Constitution protects the right to privacy but he refused to say how he would vote on abortion cases if confirmed to be chief justice of the United States. Roberts said the 1973 Roe v. Wade case was “settled as a precedent of the court.” The Senate Judiciary Committee questioned Roberts all day on Tuesday. Another round of questioning is scheduled for today. For the most part Roberts refused to answer questions about any topic that may come before the court. But he did answer a question by Senator Patrick Leahy of Vermont regarding presidential war powers.

LEAHY: Do you believe, that the president has a commander in chief override to authorize or excuse the use of torture in interrogation of enemy prisoners even though there may be domestic and international laws prohibiting this specific practice
ROBERTS: Senator, I believe that no-one is above the law under our system and that includes the president. The president is fully bound by the law, the constitution and statutes.

If confirmed Roberts will be the youngest chief justice in over 200 years. We’ll have more on the hearings in a few minutes.