As for gay marriage, again, the Constitution is silent on the issue - thus the states are presently deciding it. I have heard nothing from Giuliani saying he would try and interfere with this. Bush fell down trying to get a Constitutional amendment on this issue. I don't see you ripping his guts out for that.
First, there is absolutely no guarantee that Rudy would pick a "strict constructionist" for justice. Many here have said that he "promised" to do that, but the only evidence of that they've provided is one quote where he said that Roberts and Alito were colleagues of his, that he liked them, and that Bush picked them because they were strict constructionists. But, put that aside, and tell me why he would support Roe v. Wade and oppose the Federal Marriage Amendment if he was for a strict constructionist interpretation of the Constitution. THE strict constructionist, Judge Robert Bork, was one of the authors of the Marriage Amendment. Its design was to return keep the judiciary from forcing the states to allow or recognize gay marriage - much like Roe v. Wade forced states to allow abortion. Overturning Roe v. Wade would also return the decision of abortion laws to the states, but Rudy also opposes that.
The argument that Rudy is against gay marriage and abortion bans based upon it being an issue of states rights is a fallacy and easily disproven by his own statements and positions. As it pertains to banning abortion, Giuliani also opposed a ban on the barbaric Partial Birth Abortion (do you need the procedure explained to you) that was being voted on in New York state. I'm looking now to see where he stood on or any statements he made about the gay marriage ban in New York State that was later shot down by a Manhattan judge. That would certainly case further light on the issue. His opposition to overturning Roe v. Wade speaks for itself.
Let's put it in some context - George Bush Sr. appointed David Souter, who was and is squishy in the extreme. No one, no one sane anyway, is saying that his re-election in 1992 wouldn't have been better for the world than the election of Bill Clinton.
Ivan