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Message to Religious Conservatives: Giuliani Would Appoint Solid Supreme Court Justices
Patterico's Pontifications ^ | Jan. 23, 2008

Posted on 01/23/2008 10:31:44 AM PST by jdm

It took Nixon to go to China. It took Bill Clinton, a Democrat, to get control of the federal deficit. (Sorry, conservatives, but it’s true.) And it might take Rudy Giuliani to appoint solid Supreme Court Justices.

With Fred Thompson out of the race, judicial conservatives are looking for a candidate. John McCain? Three words: Gang of 14. Mike Huckabee? He’ll never be President. Mitt Romney? Ehhhh . . . he might be OK — but I think he comes across to voters as too slick and unprincipled. And there may be a reason for that.

But there’s no reason, in my judgment, to question Rudy Giuliani on the issue of judges. This is the argument made in a September 2007 New York Times op-ed piece that I think is worth resurrecting with Thompson’s exit. The op-ed was written at a time when Giuliani was looking much stronger in the polls, but the substance of the op-ed still holds:

I think Mr. Giuliani will be the most effective advocate for the pro-life cause precisely because he is unreligious and a supporter of abortion rights.

The author makes a very persuasive case:

In a televised Republican debate, Mr. Giuliani said it would be “O.K.” if Roe were overturned but “O.K. also” if the Supreme Court viewed it as a binding precedent. Despite this ambivalence, Mr. Giuliani promises to nominate judges who are “strict constructionists.” His campaign Web site explains: “It is the responsibility of the people and their representatives to make laws. It is the role of judges to apply those laws, not to amend our Constitution without the consent of the American people.”

Roe v. Wade, with no textual warrant in the Constitution, struck down the states’ democratically enacted restrictions on abortion. By fighting Roe, pro-lifers aim not to make abortion illegal by judicial fiat, but to return the decision about how to regulate abortion to the states, where we are confident we can win.

Our greatest obstacle is the popular belief that overturning Roe would automatically make abortion illegal everywhere. In fact, our goal may well be undermined by politicians like President Bush, who seem to use “strict constructionist” as nothing more than code for “anti-abortion.”

Only a constitutionalist who supports abortion rights can create an anti-Roe majority by explaining that the end of Roe means letting the people decide, state by state, about abortion.

Mr. Giuliani’s ambivalence about the end of Roe is consistent with his belief that judges should not seek to achieve political ends. This is a judicial philosophy that pro-lifers should applaud, not condemn. It is, after all, the position consistently articulated by the pro-life movement’s favorite Supreme Court justices: John Roberts, Samuel Alito, Clarence Thomas and Antonin Scalia.

Indeed.

I am ambivalent about abortion myself. I’m not confident that abortion is “murder” from the very moment of conception. But I think the inflexible law created by the Supreme Court has created a set of rules that allow abortions too late, for flimsy or nonexistent justifications.

But regardless of your personal view, we should all be able to agree that the issue should be decided by We the People and not nine lawyers wearing robes.

I think Rudy believes that. Last time I checked, Rudy’s advisory committee was people with folks I respect and trust on this issue, like Ted Olson and Miguel Estrada. These are not weak-kneed adherents of a living Constitution, and I don’t think Rudy is either.

Mr. Giuliani makes the same arguments that we pro-lifers make. But he can be more persuasive because he will not be perceived as trying to advance his own religious preferences. By taking the side of pro-lifers for democratic, but not devout, motives, a President Giuliani could shake up the nearly 35-year-old debate over Roe v. Wade.

I agree. I think Rudy could make that happen — if only Republicans would allow him to be the nominee.


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: bullshiite; giuliani; issues; judicialnominees; justices; scotus
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For discussion - I'm not a fan of Rudy.
1 posted on 01/23/2008 10:31:46 AM PST by jdm
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To: jdm

I’m not a Rudy fan either but I do believe he’d be ok on judicial appointments. He was a tough-on-crime prosecutor and as such is going to want strict-constructionist judges.


2 posted on 01/23/2008 10:33:13 AM PST by samtheman
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To: jdm

Really now why should I ‘’’’’’believe’’’’’???? Rudy does not live under conservatism why would he want that rule of law?


3 posted on 01/23/2008 10:33:18 AM PST by Just mythoughts
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To: jdm
It took Bill Clinton, a Democrat, to get control of the federal deficit.

Huh?

4 posted on 01/23/2008 10:33:33 AM PST by LouAvul
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To: jdm
Yep, it just makes sense that Rudy will appoint justices,,,

TO PROTECT US FROM LIBERALS LIKE HIMSELF. /s

5 posted on 01/23/2008 10:33:54 AM PST by stockstrader (We need a conservative who will UNITE the Party, not a liberal who will DEMORALIZE it!)
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To: samtheman
He was a tough-on-crime prosecutor and as such is going to want strict-constructionist judges.

You have it backwards - he wants liberal judges who remove rights.
6 posted on 01/23/2008 10:35:06 AM PST by af_vet_rr
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To: jdm

Well, at least that’s what his face is saying today.


7 posted on 01/23/2008 10:35:14 AM PST by Cyber Liberty (Don't trust anyone who can’t take a joke. [Congressman BillyBob])
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To: jdm

Rudy will not be President so the idea is merely fanciful speculation which, in all sincerity, I doubt. He will not appoint ‘soild conservatives’ because that’ll upset the NYC liberals too much.


8 posted on 01/23/2008 10:35:21 AM PST by PeterFinn (A muslim in the White House would be an Obamination.)
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To: jdm

“It took Bill Clinton, a Democrat, to get control of the federal deficit.”

Stopped reading right there


9 posted on 01/23/2008 10:35:49 AM PST by Squidpup ("Fight the Good Fight")
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To: jdm
It took Bill Clinton, a Democrat, to get control of the federal deficit. (Sorry, conservatives, but it’s true.)

Oh, yeah. That debt clock really was spinning backwards when the Master-Insink-abator was in office.

10 posted on 01/23/2008 10:36:15 AM PST by N. Theknow (Kennedys: Can't drive, can't fly, can't ski, can't skipper a boat; but they know what's best for us)
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To: jdm

Sorry, Rudy! No Sale.

Photobucket

11 posted on 01/23/2008 10:36:25 AM PST by TommyDale (Never forget the Republicans who voted for illegal immigrant amnesty in 2007!)
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To: jdm
Message to Religious Conservatives: Giuliani Would Appoint Solid Supreme Court Justices

While wearing a pick dress.

12 posted on 01/23/2008 10:36:38 AM PST by donna (Sticks and stones may break my bones but words will never hurt me.)
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To: af_vet_rr

Liberal judges boost imaginary rights to full legal status, such as the right of foreign combatants to full judicial process. Liberal judges let hardened criminals out of jail with a slap on the wrist.


13 posted on 01/23/2008 10:37:59 AM PST by samtheman
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To: jdm
Message to Religious Conservatives: Giuliani Would Appoint Solid Supreme Court Justices

in other news, Black is White, Amelia Erhart is found alive and living with Judge Crater and Scientist clone flying pig

14 posted on 01/23/2008 10:38:52 AM PST by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: jdm
"It took Bill Clinton, a Democrat, to get control of the federal deficit. (Sorry, conservatives, but it’s true.)"

Sorry Mr. Lib but that's not true. Clinton was NEVER for a balanced budget. A new conservative congress elected in '94 forced a budget on Clinton in order to deal with the deficit. Clinton's last proposed budget called for $200 billion deficits. When the Republican plan actually worked, Clinton tried to take credit for the plan he fought tooth and nail against.

15 posted on 01/23/2008 10:39:44 AM PST by joebuck
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To: af_vet_rr

That was my thought, too. He is no fan of the 2nd Amendment.


16 posted on 01/23/2008 10:39:51 AM PST by MizSterious (Deport all the illegals to sanctuary cities.)
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To: jdm
It took Bill Clinton, a Democrat, to get control of the federal deficit. (Sorry, conservatives, but it’s true.)

It took a conservative Congress to get control of the federal deficit...boy, couldn't we use that now

I don't trust for a minute that Rudy would appoint strict constructionist judges...Rudy either doesn't understand the US Constitution and the limited powers the federal government has...or he doesn't care

How else to explain the fact that, in 1993, he met with President Clinton to push for national gun registration? How else to explain that Rudy was a vocal supporter of the Brady Bill (which he claimed didn't go far enough)? How else to explain that Rudy supported the federal ban on certain semi-automatic firearms?

17 posted on 01/23/2008 10:40:27 AM PST by estimator (Defeat the illegal aliens' 3 Amigos--i.e. McCain, Huckleberry & Frooty)
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To: Squidpup

That statement alone loses all credibility the article had.

It took a conservative congress elected in 1994 to get control of the federal deficit. The author should know that all spending bills start with the House of Representatives.


18 posted on 01/23/2008 10:40:36 AM PST by MBB1984
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To: jdm
I think Mr. Giuliani will be the most effective advocate for the pro-life cause precisely because he is unreligious and a supporter of abortion rights.

That just may be the most ridiculous statement that I've ever read. What absolute horse manure.

19 posted on 01/23/2008 10:40:57 AM PST by Bob
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To: Vaquero

Well, the headline didn’t say solid WHAT....

;)


20 posted on 01/23/2008 10:41:10 AM PST by MizSterious (Deport all the illegals to sanctuary cities.)
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To: jdm

I couldn’t support Rudy in good conscience. The man is the worst of the bunch, by far


21 posted on 01/23/2008 10:41:14 AM PST by ChurtleDawg (kill em all)
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To: jdm

Please!

You do know to post a “Barf Alert” in the title when positing pukeage like this, now don’t you?


22 posted on 01/23/2008 10:41:19 AM PST by Responsibility2nd
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To: jdm

MITT ROMNEY will be a much better conservative candidaate and will appoint conservative judges.


23 posted on 01/23/2008 10:41:54 AM PST by 1Old Pro
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To: jdm

I would look to Giuliani’s strengths for who he might appoint.

For example, he is a big fan of policemen. Therefore, I wouldn’t look to any appointment to be drafting new Miranda rights soon. Most likely tough as nails on L&O issues.

Second, look to what he did to Times Square. This would possibly mean that he would fully support the Kelo decision for eminent domain. Guiliani like gentrification.

Third, relations with Mexico would pick up, as they hired him for advice on how to fix Mexico City. This could impact illegal immigration, trade, the drug war and gangs.


24 posted on 01/23/2008 10:42:07 AM PST by yefragetuwrabrumuy
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To: jdm

Sorry Rudy - not buying your pandering here.


25 posted on 01/23/2008 10:42:11 AM PST by rjp2005 (Lord have mercy on us)
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To: samtheman

First of all, he can’t appoint anyone, he can only nominate. And after the dem controlled congress rejects them, he’d just throw his hands up and say “I tried, here’s another Ginsburg”.


26 posted on 01/23/2008 10:42:22 AM PST by stevio ((NRA))
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To: samtheman

He siezed property without due process. He’s notoriously anti Second Amendment.

That’s not law and order that’s Jackboot Socialism.


27 posted on 01/23/2008 10:44:44 AM PST by the gillman@blacklagoon.com (And close the damned borders!)
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To: Just mythoughts
lmaorofl .... the gun grabber appointing acceptable judges. well h. e. double hockey sticks. lets just reelect bubba boy clintoon. after all, he could not tell a lie either.

Spit on the constitution, you spit on me. However, I forget ... few have ever read the constitution.

Stinking RINO’s ...

28 posted on 01/23/2008 10:45:58 AM PST by HiramQuick
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To: jdm

Sure. He had such a GOOD record in New York City.


29 posted on 01/23/2008 10:46:12 AM PST by Little Ray (Rudy Guiliani: If his wives can't trust him, why should we?)
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To: jdm

This was a rational thought six months ago before Rudy tanked.


30 posted on 01/23/2008 10:46:38 AM PST by ConservativeDude
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To: jdm

I don’t know if Rudy will be able to recover his campaign or not, but I do think he means it when he says he would appoint strict constructionist judges. I don’t see any reason to doubt it.

But in the real world, it doesn’t matter what the next President thinks about abortion. Whether pro-life or pro-abortion the President will have no effect on the number of abortions performed.


31 posted on 01/23/2008 10:47:29 AM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: jdm

No way, who needs Miguel Estrada or Ted Olson’s opinions?

Let’s go with McCain he campaigns against conservatives, but we just know he does not mean it!

(LOL)


32 posted on 01/23/2008 10:48:54 AM PST by roses of sharon
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To: jdm

Rudolph also made promises to his several wives.


33 posted on 01/23/2008 10:49:59 AM PST by ex-snook ("Above all things, truth beareth away the victory.")
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To: jdm

FGS

How many times is this BS balloon going to be floated?


34 posted on 01/23/2008 10:50:53 AM PST by onyx (DEFEAT Hillary Clinton, Marxist, student of Saul Alinsky & ally and beneficiary of Soros.)
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To: HiramQuick
Somehow along the way two year old mentality became the highest maturity level of popularism for leaders.
35 posted on 01/23/2008 10:51:32 AM PST by Just mythoughts
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To: Bob
I think Mr. Giuliani will be the most effective advocate for the pro-life cause precisely because he is unreligious and a supporter of abortion rights.

With that OUTRAGEOUS and TOTALLY LUDICROUS logic--

just think how effective Hillary would be for,,,

the pro-life, pro-second amendment, anti-amnesty, smaller, leaner, less intrusive, less expensive government, anti-affirmative action, anti-socialized medicine, tax reduction and anti-nanny state advocates...LMAO!!!

36 posted on 01/23/2008 10:51:50 AM PST by stockstrader (We need a conservative who will UNITE the Party, not a liberal who will DEMORALIZE it!)
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To: samtheman
I’m not a Rudy fan either but I do believe he’d be ok on judicial appointments. He was a tough-on-crime prosecutor and as such is going to want strict-constructionist judges.

You can't be serious.

Rudy made NYC a sanctuary city against federal law. Rudy sued the federal government for the right to protect illegals which included terrorists. Rudy lost, twice, in court and when he did he vowed to continue the policy regardless of the law or the court's decisions. So much for "law and order".

Rudy had a pathetic record as mayor for appointing liberal judges, most of them Democrats. He appointed openly gay and ACLU backed judges. Rudy stated how he admired Ruth Bader Ginsburg as a Supreme Court Justice. So much for judicial appointments.

37 posted on 01/23/2008 10:53:06 AM PST by Prokopton
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To: onyx

Hi onyx, Haven’t seen you posting in a while. I guess this essay was worth posting, just to see you back. :)


38 posted on 01/23/2008 10:53:14 AM PST by jdm (A Hunter Thompson ticket would be suicide.)
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To: jdm

Dang me, dang me
gonna take a rope
and hang me, hang me
from the highest tree
Oh, Rooty don’t you try
for me.

Uh, I am done. He would also go for taxpayer funded abortion, even said he would pay for one for his own daughter. He would march in front of the NAMBLA banner, he would not even try to protect marriage, he has proven he will go for gun grabbing, he has a personal life that resembles a sleazy soap opera etc.

I could add to that, but I am busy.


39 posted on 01/23/2008 10:53:54 AM PST by indylindy (Don't even ask me to vote for McCain, Rudy, or Huckster.)
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To: stockstrader
I think Mr. Giuliani will be the most effective advocate for the pro-life cause precisely because he is unreligious and a supporter of abortion rights.

I missed that the first time. That is definitely ROTFLMAO material.

40 posted on 01/23/2008 10:54:26 AM PST by jdm (A Hunter Thompson ticket would be suicide.)
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To: jdm
I will not support a anti-life, anti-family, anti-gun candidate. That applies to Rudy AND Romney. Rudy enjoys the additional distinction of committing adultery on the taxpayers’ dime. Despicable.
41 posted on 01/23/2008 10:54:30 AM PST by kcubram
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To: jdm

Since Rudy will never be president, it’s all moot and irrelevant. I am struck by the notion that a person can say they’re “not confident” that abortion represents, at the very least, a killing, but a murder because it is done for no other cause than convenience. Once unimagineable advances in medical technology have, as far as I can see, made such mythical fancies nothing more than positions taken without information. “Opinions” or “confidence” (or lack thereof) which are not supported by available scientific evidence are meaningless.


42 posted on 01/23/2008 10:56:54 AM PST by Emmett McCarthy
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To: jdm

I’m still hoping for a couple of SC exits this spring. One can wish.


43 posted on 01/23/2008 10:58:58 AM PST by Jedidah
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To: jdm

Yep,,,,with that skewed, pathetic and unbelievably bogus logic...HILLARY WOULD BE THE MOST EFFECTIVE ADVOCATE FOR THE PRO-LIFE CAUSE!!!! Heck,,,,she would be even better!!,,,lol


44 posted on 01/23/2008 10:59:04 AM PST by stockstrader (We need a conservative who will UNITE the Party, not a liberal who will DEMORALIZE it!)
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To: af_vet_rr; samtheman
You have it backwards - he wants liberal judges who remove rights.

Sad but true.

45 posted on 01/23/2008 10:59:47 AM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: jdm
It’s not just the Supreme Court that will be liberalized under Hillary/Obama but much of the federal judiciary. In their eight previous years the Clinton’s also stacked vast areas of the executive branch with partisan hacks and crippled the military and intelligence agencies.
46 posted on 01/23/2008 11:00:24 AM PST by Brad from Tennessee ("A politician can't give you anything he hasn't first stolen from you.")
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To: LouAvul

“It took Bill Clinton, a Democrat, to get control of the federal deficit.”
Huh?

A common misunderstanding. The TECH REVOLUTION, THE ECONOMY and the BOOMING STOCK MARKET CAPITAL GAINS REVENUES are what balanced the budget IN SPITE OF HillBILLery, NOT because of him.

Bill Clinton had none of the huge problems that faced the US after the dot com crash and 9/11. It was smooth sailing during his regime - just sheer luck.


47 posted on 01/23/2008 11:03:10 AM PST by AlanGreenSpam ("Celebrate Diversity! Look at the world with all it's problems - Isn't "diversity" so beautiful?)
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To: the gillman@blacklagoon.com
He siezed property without due process.

Had not heard this, what property?

48 posted on 01/23/2008 11:04:08 AM PST by BARLF
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To: Bob

I would be the best hall monitor because I am a child molester...


49 posted on 01/23/2008 11:04:13 AM PST by karnage
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To: jdm

“Message to Religious Conservatives: Giuliani Would Appoint Solid Supreme Court Justices”

The man would pay for the murder of his own grandchild but he wouldn’t lie to get my vote. Is that what I’m supposed to swallow here?


50 posted on 01/23/2008 11:05:19 AM PST by Grunthor (No Juan. No Huckaliar. Not primary, not general, not ever.)
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