Sept. 13 (Bloomberg) -- John Roberts, the nominee to be U.S. chief justice, told a Senate panel that the Constitution contains a right to privacy, disavowing comments he made as a government lawyer in the 1980s.

``The right to privacy is protected under the Constitution in various ways,'' Roberts, 50, said in answer to a question from Senate Judiciary Committee Chairman Arlen Specter of Pennsylvania.

The Supreme Court since 1965 has recognized a constitutional right to privacy that now guarantees access to abortion and contraceptives as well as the freedom to marry and procreate. Roberts's views on the subject had been in question, in part because of the language he used in a 1981 Justice Department memo, referring to the ``so-called `right to privacy.'''

Roberts, beginning a full day of questioning from senators in Washington, said that memo was designed to reflect the views of Harvard Law School Dean Erwin Griswold, who had recently given a speech on the topic. He said the document didn't reflect his personal views.

Roberts also suggested he would be slow to overturn such Supreme Court rulings as the 1992 Planned Parenthood v. Casey abortion-rights decision, calling it a ``precedent of the court entitled to respect.''

``It is a jolt to the legal system when you overrule a precedent,'' said Roberts, who would be the youngest U.S. chief justice in two centuries. ``Precedent plays an important role in promoting stability and evenhandedness. It is not enough to think the prior decision was wrongly decided.''

Confirmation Likely

Roberts nonetheless said he wouldn't comment on whether he agreed with Casey or other past Supreme Court cases. ``That's one of the areas where prior nominees have drawn the line,'' he said.

Roberts said that sometimes overruling precedent is ``a price that has to be paid.'' He pointed to the 1954 Brown v. Board of Education public school desegregation decision that overruled an 1896 precedent.

Roberts is a strong favorite to win confirmation in the Senate, where Republicans hold a 55-45 advantage. The primary question is how much support he will get from Democrats, who are split on his nomination. Democrats yesterday said they will press him on civil rights and other issues.

Asked whether the president had the power to authorize torture, Roberts said that ``no one is above the law and that includes the president.''

Roberts said that, as a lawyer at the Washington law firm Hogan & Hartson, he helped a gay-rights lawyer help prepare for a 1996 Supreme Court argument because a partner asked him to assist.

``I never turned down a request'' from a partner, Roberts said. ``I think it's right that if there had been something morally objectionable, I suppose I would have. But it was my view that lawyers don't stand in the shoes of their clients and that good lawyers can give advice and argue any side of a case.''

Roberts is the first of two Supreme Court nominations for President George W. Bush, who also will name a replacement for retiring Justice Sandra Day O'Connor. Roberts, who would be the third-youngest chief justice in U.S. history, would replace William Rehnquist, who died Sept. 3.

To contact the reporters on this story: Greg Stohr in Washington at gstohr@bloomberg.net; Robert Schmidt in Washington at rschmidt5@bloomberg.net.

Last Updated: September 13, 2005 10:41 EDT