Giuliani Says He Would Appoint 'Strict Constructionist' Judges To Supreme Court

Main Category: Abortion
Also Included In: Women's Health / Gynecology
Article Date: 15 Feb 2007 - 15:00 PDT

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Former New York City Mayor and possible Republican presidential candidate Rudolph Giuliani in recent weeks has "distanc[ed] himself from a position favoring abortion rights that he espoused" during his mayoral campaigns and "highlighted a different element of his thinking on the abortion debate," the New York Times reports. Giuliani in recent talks with conservative media outlets and voters in South Carolina said he would appoint "strict constructionist" judges to the Supreme Court -- a term that abortion-rights advocates say is "code among conservatives for those who seek to overturn or limit" Roe v. Wade, the 1973 Supreme Court decision that effectively barred state abortion bans -- the Times reports. Giuliani said he would nominate judges like Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito, who he believes would restrict Roe. In a recent interview with Sean Hannity of Fox News, Giuliani said that a law (S 3) being reviewed by the Supreme Court that bans so-called "partial-birth abortion" should be upheld. Giuliani in 2000 when asked by NBC News' "Meet the Press" host Tim Russert if he supported President Clinton's veto of a law that would have banned partial-birth abortion said, "I would vote to preserve the option for women. I think the better thing for America to do is to leave that choice to the woman because it affects her probably more than anyone else." Giuliani also told Hannity that he supports parental notification requirements for minors seeking abortion with a judicial bypass provision. On a 1997 candidate questionnaire from the National Abortion and Reproductive Rights Action League of New York he answered "yes" to the question: Would you oppose legislation "requiring a minor to obtain permission from a parent or from a court before obtaining an abortion." Giuliani's campaign aides say that he has not changed his position on abortion and that his stance on partial-birth abortion has been mischaracterized. "[A]bortion is something that, as a personal matter, I would advise somebody against," Giuliani said during the Hannity interview, adding, "I believe in a woman's right to choose. I think you have to ultimately not put a woman in jail for that" (Rivera, New York Times, 2/10).

Romney Comments on Abortion Rights
Possible Republican presidential candidate and former Massachusetts Gov. Mitt Romney on Friday during a visit to South Carolina "sought to dispel doubts" about his views against abortion rights, the AP/Boston Globe reports. "I am firmly pro-life," Romney told about 100 Republicans at a local restaurant, adding, "Every act I've taken as governor has been in favor of life," (Davenport, AP/Boston Globe, 2/9). Since Romney first ran for U.S. Senate in 1994, he has acknowledged that his position on abortion has changed from "proudly" supporting abortion rights to saying that he would "like to see" Roe overturned. When Romney ran for governor in 2002, he promised to "preserve the status quo" on abortion rights in the state and oppose any changes to state laws that restricted or increased access to abortion. However, Romney in 2004 said when he studied human embryonic stem cell research, he experienced an "awakening that led him to the conclusion that 'the sanctity of life had been cheapened' by the Roe decision" (Kaiser Daily Women's Health Policy Report, 12/21/06). According to the AP/Globe, abortion is a major issue among South Carolina's conservative voters (AP/Boston Globe, 2/9).

Opinion Piece
Romney, Giuliani and other political candidates might be "thoroughly sincere in rethinking their old positions" on abortion and other issues, but they also are part of a political system that "has created strong incentives for candidates to be less than candid about what they really think," Washington Post columnist E.J. Dionne writes in an opinion piece. Candidates are "rarely willing to say ... that they do not consider abortion the most important issue in politics," and "we don't make it easy" for them to "admit, as most voters do, that abortion is an agonizing question," according to Dionne. Giuliani's support for abortion rights will test whether presidential candidates have to "hold to each party's version of political correctness" in regard to abortion rights in order to receive primary votes, Dionne writes. He concludes that "we have created a system" that encourages many politicians "to adjust their convictions to their political needs," adding, "And then we denounce them" (Dionne, Washington Post, 2/13).

Broadcast Coverage
In an interview on ABC's "This Week," Arkansas Gov. Mike Huckabee (R) -- who is seeking the Republican presidential nomination -- addressed Giuliani's position on abortion rights and other issues. In response to a question about whether Giuliani's position on abortion rights would be "a game-ender in the Republican primaries," Huckabee said, "We'll find out in this election, it looks like, because it's going to be an issue that will clearly separate some of the candidates." He added, "But I'm pro-life because I think it's consistent with who we are as an American people. We are a culture and civilization that celebrates life" (Stephanopoulos, "This Week," ABC, 2/11). Video and a transcript of the segment are available online.

NPR's "Morning Edition" on Tuesday reported Romney's potential presidential campaign. Romney's past positions on abortion and other issues could negatively affect his support among social conservatives, NPR reports (Inskeep/Gonyea, "Morning Edition," NPR, 2/13). Audio of the segment is available online.

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