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Would Rudy Be Good for the Courts?
National Review Online ^ | May 16, 2007 | Robert Alt

Posted on 10/10/2007 11:43:00 AM PDT by TitansAFC

Would Rudy Be Good for the Courts? Well, Meese was good for the courts, and Giuliani didn’t think much of him.

By Robert Alt

After a disappointing performance in the first Republican presidential debate, Rudy Giuliani walked away from last night’s debate as the clear winner. Not only did he play to his strengths, reclaiming the mantle of America’s mayor by shaming Ron Paul for his “blame America first” comments, but he finally appears to have settled on a more politically palatable answer to the abortion question by emphasizing a reduction in the frequency of abortions. (An answer which, by the way, suggests that one of his staffers finally watched footage from Bill Clinton’s campaigns. Remember the old mantra of “safe, legal, and rare”?) This follows strong endorsements from the Club for Growth and from former United States Solicitor General Ted Olson here on National Review Online. And yet, questions remain about Giuliani’s conservative bona fides, and nowhere are these questions more pressing than on the issue of judicial nominees. Despite Olson’s assurances, Giuliani’s poor character judgment, as demonstrated by his attacks on Edwin Meese, the architect of Reagan’s judicial legacy, creates grave doubts about whether he is the best man to be picking federal judges.

In determining what the “Giuliani Court” would look like, the fundamental question is whether Giuliani, as president, would appoint judges to the bench who view the Constitution as something other than their own personal policy-preference playground. On this count, Giuliani has offered a series of assurances: He would have no litmus test on abortion, and he would appoint “strict constructionists” like Justices Scalia, Thomas, Roberts, and Alito. Leaving aside the fact that “strict constructionist” is a term popular with politicians but an inaccurate one to describe the Justices he lauds (Justice Scalia famously said, “I am not a strict constructionist, and no one ought to be . . .”), the prospect of appointing judges with fidelity to the Founders’ principles is easier said than done. Indeed, Republican presidents have, on the whole, proven themselves to be fairly inept at judging how nominees would judge, as evidenced by the fact that two of the most liberal justices in the history of the Supreme Court — William Brennan and Harry Blackmun — owe their appointments to Republican presidents.

Well-meaning presidents have made bad picks, and so, even if we believe that Giuliani does not intend to appoint willful judges, those good intentions and naked assurances tell us little about what kind of judges to expect. Yet Olson, whom I deeply respect, offers another reason to trust Giuliani: his participation in the Reagan’s legal legacy.

We first met when we served together in the Justice Department in the early years of the Reagan administration, where Chief Justice Roberts and Justice Alito were young lawyers honing their conservative legal instincts, and where jurists such as Bork, Scalia, and Thomas were first being considered for judicial positions.

Of course, he doesn’t claim that Giuliani is responsible for these men being where they were. Tellingly, Attorney General Edwin Meese, the man most responsible for shepherding conservative jurists through the Justice Department, didn’t make the list. In terms of promoting conservatism in the Justice Department or on the courts during the Reagan years, Meese’s impact was unmatched. It is therefore disturbing that Giuliani held Meese in utter contempt. After stepping down as U.S. Attorney, Giuliani publicly blasted Meese, claiming that he was “probably not suited for the job that he was given as attorney general,” and that Meese “should not have been given that job because it was beyond his abilities.” Beyond his abilities? I’ve seen General Meese answer questions of legal arcana off the top of his head countless times; by contrast, Giuliani seems to get stumped when asked whether the existence of a constitutional right requires government funding.

This attack on whether Meese was even suited to be attorney general followed Giuliani’s antics as U.S. Attorney, during which he authorized one of his assistants in the Wedtech case to call Meese a “sleaze” in open court in order to score points with the jury. If there is any question that this sentiment was Giuliani's own, he cleared that up in a press conference after the trial:

U.S. Atty. Rudolph W. Giuliani held a press conference, during which he defended [Assistant U.S. Attorney Edward] Little's use of the word "sleaze" to describe Meese. Giuliani said that any criticism for Little's remarks should be directed at him.

"All of his (Little's) arguments and comments were authorized by me and approved by me, including some that drew some criticism from the Department of Justice," Giuliani told reporters. "Those comments were authorized and approved by me in advance. It's as if I said them" (emphasis added).

One of those classically-invasive Reagan-era independent counsels cleared Meese in the Wedtech case. Of course that didn’t matter: Attacking Meese was fashionable at the time — all the Democrats were doing it. And, for someone who had aspirations of running for mayor of New York, this was a position which would undoubtedly curry favor with his constituents. While numerous commentators have lauded Giuliani’s decision to criticize his boss as an example of his independence, it is better evidence of how beholden he was to liberal New York public opinion. If he was willing to sell out Meese to raise his standing with liberal New Yorkers, do we really think that he will withstand the withering criticisms of New York’s elite if he fails to deliver justices in the mold of David Souter?

Attorney General Meese is a man of consummate character. He served honorably as attorney general, and, unlike Rudy Giuliani, deserves significant credit for shaping the legal legacy of Ronald Reagan. Anyone who casts aspersions of the kind that Giuliani did against Meese calls his own judgment into question — particularly when he is asking for us to trust that judgment in picking judicial nominees.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 2008; asurewinner; electionpresident; giuliani; giulianitruthfile; judges; meese; nextpresident; rudy; stoprudy; wedtech
looks like Roe worshipper Rudy911 has a pretty bad judicial record and philosophy.
1 posted on 10/10/2007 11:43:03 AM PDT by TitansAFC
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To: FreeInWV; 383rr; abishai; Afronaut; airborne; Alberta's Child; Antonious; azhenfud; B Knotts; ...

The “Stop Rudy” ping list!

E-mail/ping me if you want on/off the list! SPREAD THE WORD!!!


2 posted on 10/10/2007 11:43:48 AM PDT by TitansAFC ("My 80% enemy is not my 20% friend" -- Common Sense)
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To: TitansAFC

Rudy would pick Supreme Court Judges that mirror his views like every President.
Trouble is though I don’t support too many of his views:
gun control
abortion
amnesty for illegals
support for the homosexual agenda
support for illegals
etc.
Etc.


3 posted on 10/10/2007 11:46:31 AM PDT by Joe Boucher (An enemy of Islam)
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To: TitansAFC

Rudy would pack the courts with New England lawyers, none of them conservative.


4 posted on 10/10/2007 11:46:45 AM PDT by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: TitansAFC
Rudy is a social liberal and you can bet the bank he will not support or appoint strict constructionists to the USSC. The best you can hope for with Rudy would be a O’Connor or a Kennedy. A better probability is another Souter. And, another reason not to support Rudy.
5 posted on 10/10/2007 11:48:29 AM PDT by MBB1984
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To: Joe Boucher

Rudy would hire his cronies.


6 posted on 10/10/2007 11:49:36 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: TitansAFC
Rudy will never get a chance to screw up the judicial appointments . Hillary need only say “Alan Placa” a few thousand times .
7 posted on 10/10/2007 11:49:45 AM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know)
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To: TitansAFC

but...but...we will have to trust Rooty...he is the only one than can beat Hillary...he will go against his history and be a real conservative...and he was a hero on 911...

blah,blah,blah...so all you dumb socons work to get out the vote for Rooty before we dump you forever...

No wonder we are known as the dumb party. Hillary could not ask for more.


8 posted on 10/10/2007 11:49:56 AM PDT by indylindy (Duncan Hunter is the best hope we have on both fronts.)
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To: MBB1984

Who would Hillary pick?


9 posted on 10/10/2007 11:51:57 AM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: avacado

Most likely the same type Rudy would pick. He is a social liberal. Why expect him to be conservative?


10 posted on 10/10/2007 11:54:09 AM PDT by indylindy (Duncan Hunter is the best hope we have on both fronts.)
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To: indylindy
"Most likely the same type Rudy would pick."

Nope. Think worse than you can imagine.

11 posted on 10/10/2007 11:56:07 AM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: Joe Boucher
"Rudy would pick Supreme Court Judges that mirror his views like every President."

Actually, I think that most Presidents choose their Supreme Court picks by accepting the choice of someone in their Administration that they trust to find someone who mirrors their views. Since Rudy is a lawyer, chances are he would choose his own instead of relying on a trusted aide. I feel confident Rudy's choices would be as bad or worse than Clinton's because he would have personal knowledge of his picks and would not be relying on someone else's judgment.

12 posted on 10/10/2007 12:03:51 PM PDT by penowa
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To: TitansAFC

While I’m not enthused about Rudy, don’t these elections always come down to the lesser of two evils? Hillary simply cannot win!


13 posted on 10/10/2007 12:06:05 PM PDT by JZelle
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To: penowa
" I feel confident Rudy's choices would be as bad or worse than Clinton's ..."

As bad or WORSE than Hillary's choices? Put the cap back onto that cheap bottle of whine you are drinking. D-e-l-u-s-i-o-n...

Worse than Hillary's!!! LOL!!!!!!!!!


14 posted on 10/10/2007 12:09:52 PM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: TitansAFC

IMO, it’s not impossible Giuliani could end up appointing the first gay justice - he does not pay much attention to normal standards of “competence” or “experience” as a measure of fitness for an appointment (ex: his driver ends up chief of police)and his is not likely to care what politicians of either party would prefer he do - if fact he’s apt to do the opposite, just to show them who is in charge.


15 posted on 10/10/2007 12:13:36 PM PDT by M. Dodge Thomas (Opinion based on research by an eyewear firm, which surveyed 100 members of a speed dating club.)
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To: avacado
She would pick a Beyer at best, probably another Ginsburg. I am not suggesting that Rudy is as bad as Hillary or that we should not support Rudy in the unfortunate event that it comes down to Rudy v. Hillary.

I do, however, believe we can obtain a much better choice for a GOP nominee.

16 posted on 10/10/2007 12:14:17 PM PDT by MBB1984
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To: TitansAFC
...the most liberal justices in the history of the Supreme Court — William Brennan and Harry Blackmun — owe their appointments to Republican presidents.

Touted by Nixon as "a strict constructionist," Blackmun went on to AUTHOR Roe v. Wade
and some of the most progressive (and destructive) opinions on environmental rights.

17 posted on 10/10/2007 12:14:27 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: TitansAFC

He tried to sue gun manufacturers.

Nuff said.


18 posted on 10/10/2007 12:15:30 PM PDT by Badeye (Free Willie!)
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To: TitansAFC

Rudy appointed judges who were 80% democrat when he was Mayor.

Heck, he even appointed homosexuals as judges to family court!


19 posted on 10/10/2007 12:18:57 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: avacado

Laugh all you want. He is NO better than Hillary. Both are screaming liberals and if you don’t recognize that then perhaps you may be one also. I haven’t voted for a liberal of either party for 30+ yrs., and I do not intend to start now.


20 posted on 10/10/2007 12:19:14 PM PDT by penowa
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To: JZelle
While I’m not enthused about Rudy, don’t these elections always come down to the lesser of two evils?

No, elections don't always come down to a choice between to liberals. That can only happen if principled conservatives roll over and let the GOP put forth liberal candidates.

The Republican party is only moving to the left because certain conservatives are dumb enough to allow the powers that be to do so.

It's not possible to advance conservatism by putting liberals of either party in office.

21 posted on 10/10/2007 12:24:18 PM PDT by Ol' Sparky
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To: JZelle
While I’m not enthused about Rudy, don’t these elections always come down to the lesser of two evils?

That is simply another way of saying we have to settle by fighting socialism with more socialism. It also presumes the outcomes of the Republican and Democrat conventions despite still being months away. Anything can happen as history has proven including Dewey defeating Truman. It also presumes the Democrats are a united party and rock solid behind Hitlery. Many of the socialists in the Democrat party are upset with Hitlery's veiled centrist approach to the War in Iraq. They to are facing a potential divisive situation. Settling for the lesser of two evils only begets more evil.
22 posted on 10/10/2007 12:25:30 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: penowa
"Laugh all you want. He is NO better than Hillary. "

LOL!!!!!!!!!!!!!!!!!!!!!! Yeah riiiiiiiiiiiiiiiiiiight. I didn't realize that Rudy was a Marxist commie who is ready to appease every terrorist on the planet while creating the largest government entitlements that America has ever seen...

Thanks for my laugh for the day with your over-the-top drama. I support Duncan Hunter, but I am no fool and will vote for Rudy if that is the only means to keep Hillary out of the Whitehouse.

23 posted on 10/10/2007 12:28:25 PM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: calcowgirl
And, let's not forget that Rudy even appointed a judge -- one Sheldon Rand -- that mandated taxpayers pay for a man's sex-change operation:

"Talk about a tax cut. A judge has ordered taxpayers to foot the bill - up to $20,000 - for a sex-change operation that will make a 21-year-old man into a woman. In a ruling to be released Thursday, Manhattan Family Court Judge Sheldon Rand said the city must provide the subsidized snip because the woman wannabe, identified as Mariah Lopez, had been in the care of the Administration for Children's Services as a youngster.The judge said the agency has a duty to pay for all "necessary" medical care to the kids in its charge.Rand ruled that Lopez suffers from a diagnosed gender-identity disorder and that surgery is the recognized treatment."

Source: New York Post

24 posted on 10/10/2007 12:29:20 PM PDT by Ol' Sparky
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To: avacado
I support Duncan Hunter, but I am no fool and will vote for Rudy if that is the only means to keep Hillary out of the Whitehouse.

You'll still have a socialist in the White House.
25 posted on 10/10/2007 12:30:14 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: avacado

Be my guest, vote for a liberal - Hillary or Rudy - just don’t be surprised when the result is the same. Most of the DUmmies are smart enough (barely) to recognize a real Democrat from one running as a Republican, so Rudy has about as much chance of being elected running against Hillary as you do.


26 posted on 10/10/2007 12:46:40 PM PDT by penowa
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To: Man50D
" You'll still have a socialist in the White House."

At that point, there really isn't much choice left is there? a) I won't sit home, b) I won't be voting for Hillary.

27 posted on 10/10/2007 12:46:59 PM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: penowa

Damn lucid thoughts.
Being a lawyer Mrs. Clinton has a clue how to rig a court too.


28 posted on 10/10/2007 12:47:50 PM PDT by Joe Boucher (An enemy of Islam)
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To: penowa
"Be my guest, vote for a liberal - Hillary or Rudy - "

Every registered voter votes whether the stay home or not. I won't be voting for Hillary, but it apperas you may be.

29 posted on 10/10/2007 12:48:27 PM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: Ol' Sparky; Man50D

Agreed. I plan to vote for either Hunter or Thompson in the primary. If it ends up Rudy and Hillary, well you know.


30 posted on 10/10/2007 12:53:24 PM PDT by JZelle
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To: avacado
At that point, there really isn't much choice left is there?

You're presuming you know the outcome of the Democrat and Republican conventions even though they are several months away. Anything can happen until then. You also discount they have their own divisive problems. The Democrats are not one big happy family. Plenty are ticked off at Hitlery for her attempted centrist approach for the war in Iraq.
31 posted on 10/10/2007 12:57:46 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: MBB1984
Hillary would do her best to find people to the left of Ramsey Clark to put on the Court, assuming she could get them confirmed.

The trouble is that justices selected as conservatives often turn out not to be conservative, whereas those picked by liberals remain liberal.

Even if Giuliani is sincere in his promise, his selections are more likely to be like Sandra Day O'Connor than Antonin Scalia...but still not as bad as the people Hillary will pick.

32 posted on 10/10/2007 12:59:11 PM PDT by Verginius Rufus
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To: Man50D
" You're presuming you know the outcome of the Democrat and Republican conventions even though they are several months away."

I am not presuming anything. This discussion is pure speculation.

33 posted on 10/10/2007 12:59:22 PM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: penowa

So called liberal Rudy or Saul Alinksy worshipping Marxist Shrillary.
Excuse me, I see a difference.


34 posted on 10/10/2007 1:05:12 PM PDT by romanesq
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To: romanesq
So called liberal Rudy or Saul Alinksy worshipping Marxist Shrillary.
Excuse me, I see a difference.


Look again.

Giuliani/Clinton/Dem vs. GOP Platform Comparison
Issue
Giuliani Clinton Dem Platform GOP Platform
Abortion on Demand Supports Supports Supports Opposes
Partial Birth Abortion Supports
Opposed
NY ban
Supports Supports Opposes
Roe v. Wade Supports Supports Supports Opposes
Taxpayer Funded Abortions Supports Supports Supports Opposes
Embryonic Stem Cell Research Supports Supports Supports Opposes
Federal Marriage Amendment Opposes Opposes Opposes
Defined at
state level
Supports
Gay Domestic Partnership/
Civil Unions
Supports Supports Supports Opposes
Openly Gay Military Supports Supports Supports Opposes
Defense of Marriage Act Opposes Opposes Opposes Supports
Amnesty for Illegal Aliens Supports Supports Supports Opposes
Special Path to Citizenship
for Illegal Aliens
Supports Supports Supports Opposes
Tough Penalties for
Employers of Illegal Aliens
Opposes Opposes Opposes Supports
Sanctuary Cities/
Ignoring Immigration Law
Supports Supports Supports Opposes
Protecting 2nd Amendment Opposes
Opposes Opposes
Supports bans
Supports
Confiscating Guns Supports
Confiscated
as mayor.
Even bragged.
Supports Supports
Supports bans
Opposes
'Assault' Weapons Ban Supports Supports Supports  
Frivolous Lawsuits
Against Gun Makers
Supports
Filed One
Himself
Supports   Opposes
Gun Registration/Licenses Supports Supports   Opposes
War in Afghanistan Supports Supports
Voted for it
Supports Supports
War in Iraq Supports Supports
Voted for it
Supports
Weak support
Supports
Patriot Act Supports Supports
Voted for it
2001 & 2006
Opposes Supports

35 posted on 10/10/2007 1:07:39 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: All

Rudy sez:

“Presidents, going back to the beginning of the republic, generally appoint people on the Supreme Court that they believe agree with them.”

http://www.foxnews.com/story/0,2933,163223,00.html

So can we trust Rudy to pick originalist judges? I don’t think so.


36 posted on 10/10/2007 1:07:42 PM PDT by Sun (Duncan Hunter: pro-God/life/borders, understands Red China threat, NRA A+rating! www.gohunter08.com)
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To: TitansAFC
Opps. Sorry!

I thought this was the Sean Hannity thread by the headline.

37 posted on 10/10/2007 1:16:44 PM PDT by TexasCajun
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To: Man50D

Cute chart. If you think Rudy and Hillary are on the same page with the WOT, then I suggest that is incorrect. If you think Rudy and Hillary are on the same page regarding the free market system, then I suggest that is incorrect.


38 posted on 10/10/2007 1:17:33 PM PDT by avacado (Republicans Destroyed Democrats' Most Cherished Institution: SLAVERY!)
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To: TitansAFC

“Attorney General Meese is a man of consummate character.”

The same could not be said for his underling, Mr. Giuliani.


39 posted on 10/10/2007 1:35:34 PM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: TitansAFC

We’ve had a seak preview of the type of judges Rudy will appoint, Mike Mukasey.

That ain’t going to cut it with me.


40 posted on 10/10/2007 2:41:40 PM PDT by garv (Conservatism in '08)
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To: TitansAFC

He appointed mainly Demcorats.


41 posted on 10/10/2007 2:44:32 PM PDT by Dante3
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To: Man50D

Your making an error equating the policies of Rudy as mayor versus his position on selecting Federal judges.

Understandably, it’s a common mistake. Now what he’d do if he gets the office is of course an open question. But if he found another Roberts or Alito, we’d have some restored trust in the judiciary.


42 posted on 10/10/2007 3:16:32 PM PDT by romanesq
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To: TitansAFC

Giuliani’s judicial nominees will be irrelevant. A Democrat Senate will not allow them to sit. After loud noisy public fights his nominees, if conservative, will be pulled and replaced by nominees more palatable to the left. He will give us the same kind of judges, ultimately, that Mrs. Bill will come up with in the first instance. He will NOT consider simply leaving seats vacant. There is no Constitutional requirement that there be NINE Supreme Court Justices or any other number on any other court, but Giuliani will not do the obvious- leave the seats vacant. He will see a far left fanatic as preferable to vacancy and the Democrats know that. The Senate will control appointment of judges and Justices.


43 posted on 10/10/2007 4:05:46 PM PDT by arthurus (Better to fight them over THERE than over HERE)
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To: romanesq
Your making an error equating the policies of Rudy as mayor versus his position on selecting Federal judges.

Presidents nominate people for judgeships who have similar political ideologies. Rudy would nominate someone who matches at least a majority of his socialist positions listed in post #35.
44 posted on 10/10/2007 4:50:55 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: avacado
Cute chart. If you think Rudy and Hillary are on the same page with the WOT, then I suggest that is incorrect.

If you think Giuliani has a strong WOT stance then you should reconsider. The WOT is not occurring only in Iran and Afghanistan. It is occurring globally including along the Mexican border. It is a fact terrorists are posing as illegal aliens to enter the U.S. and yet Giuliani takes the socialist position of supporting amnesty for illegal aliens. His WOT stance is at best dangerous for the U.S.

If you think Rudy and Hillary are on the same page regarding the free market system, then I suggest that is incorrect.

If you think he is as pro free market as he has led you to believe with his disingenuous flip flops then you don't understand as the tax burden increases the more it distorts the economy thereby suppressing a free market. It is a fact Giuliani is for higher taxes based on the statements below.

---"Over the objections of a furious Mayor Giuliani and city legislators from both parties, the New York state legislature has abolished the New York City commuter tax. The action, done to apparently affect a local legislative race in suburban Rockland County, could cost New York City $360 million. NPR's Margot Adler reports."--- NPR Report

---"Let's face it: Rudy Giuliani argued for the reinstatement of the tax,..."--- NY Sun report [Giuliani] says ruling out a tax increase is "political pandering." Newsday, August 31, 1989

"When I ran for Mayor both times, I was asked very, very often to do the following: Pledge that you will never raise taxes. I refused to do that. Pledge that you will lower taxes. I refused to do that." -- Rudy Giuliani, New York Times, October 25, 1994

Mr. Giuliani criticized Mr. Pataki’s proposal to cut taxes as “a shell game” that would hurt everyone in the state… -- New York Times, October 30, 1994
45 posted on 10/10/2007 5:08:38 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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