True, but it took a Civil War to end slavery. Short of that, overturning Roe and returning abortion to the states is the best that can be expected. I just don't see some national ban or constitutional amendment happening absent some Civil War-like event that totally changes the game.
That said, the best that can be hoped for is a SC that will do the job. To be honest, we still don't know about Roberts and Alito. If they won't overturn Roe, it doesn't matter who the next President is, Roe is safe forever.
On the other hand, if they will, and we have 4 Justices who will, I'd have just as much confidence that Rudy would put the 5th on as I would in Romney or McCain. Now, Brownback or say a Gary Bauer I'd probably have more confidence. But of the major candidates thus far, I don't think there's any less probablity that Rudy would appoint that 5th Justice than there is that Mitt or John would.
As we saw with Miers, appointing a Justice is more than just the WH. Whoever the President is, you're going to have the conservative legal establishment(fed society, ACLJ, Eagle Forum, etc...), the talk radio world(Rush etc...), the conservative press(NR, WS, FoxNews, etc...) and a whole bucnh of conservatives in the Senate all having input and virtual veto power over the pick. The WH will be forced to name a strong conservative with a record, a la Alito.
So, on that issue, I think we'll be ok, no matter who the nominee is. Although Rudy, unlike McCain, doesn't have a record of stabbing the party in the back and sucking up to the media to push his "maverick" status.
Rudy claims that the government has the power to regulate guns (ban handguns, ban "assault" rifles, register gun owners, restrict the ability to own/transport guns, etc) as long as it's done "consistent" with the second amendment.
He claims that a woman has a constitutional right to choose. He says Roe vs Wade is settled law. He admires Ruth Bader Ginsberg.
In other words, he believes gun grabbing abortionist judges are strict constructionists. He twists the constitution to justify his liberal views. He would appoint strict constructionists just like Hillary Clinton believes she appoints strict constructionists.
When you believe in a constitutional right to abortion, constitutional right to gay marriage, constitutional power to infringe on the peoples right to keep and bear arms, then the judges you appoint to uphold this warped interpretation of the constitution are in his mind "strict constructionists."
No thanks to that garbage.
This is another reason I favor Rudy -- he's more trustworthy and more of a team captain than McCain.
Ted Olson is a friend of Rudy and he endorses him and said this:
From the article at The Spectator:
"I've known him for 26 years and we've talked about this many times," Olson said. "He feels very strongly that people like Justice Scalia, Chief Justice Roberts, Sam Alito, Clarence Thomas, are the type of people that he would put on the court
I'm quite convinced that this is a genuine viewpoint that he has."