Polls show a majority favor abortion rights. Critics say the Dred Scott reference was an attempt by Bush to make his point without alienating moderates who might decide the election.
"The minute he said it, I said to myself, 'Here he goes,' " said Eleanor Smeal, president of the Feminist Majority. "He's not going to say to anybody that he would pick a Supreme Court justice that's opposed to Roe vs. Wade because he's afraid that would cost him. So he's trying to keep his base riled up in a way that won't offend moderate women."
Harvard University law professor Laurence Tribe, a Bush critic who has written extensively about the abortion debate, said Bush was signaling that he believed there was a direct parallel between women who would abort a fetus and slave masters of the 19th century.
Tribe pointed to Scalia's dissent to a 1992 ruling that upheld Roe, in which the justice drew the parallel. Scalia wrote that both cases focused on issues of "life and death, freedom and subjugation."
"He's talking in code, but it's not obscure code," Tribe said of Bush. "This has been a fixture in the talking points of the religious right for years."
