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Special Report

Staring Decisis in the Face

Can Giuliani's judicial conservatism carry the pro-life vote?

(Page 3 of 5)

calls abortion a “constitutional right,” which raises the question of what he means by someone who would “strictly construe” the constitution. p>Because of this “big tent” judicial conservatism, Giuliani could, without breaking any campaign promises, appoint numerous justices who vote to uphold Roe . p>Giuliani has left himself other loopholes. Nowadays he elaborates that his strict constructionists would be “similar to” Justices Scalia, Thomas, Alito, and Chief Justice Roberts. Scalia and Thomas, however, seem to be late additions to the list. p>In early campaign statements, Giuliani mostly mentioned Alito and Roberts, who have not expressed any public view about Roe . In February, when Sean Hannity pressured Giuliani to add Scalia to his list of exemplary judges, Giuliani complied but qualified his view by predicting that Scalia and the court would “limit [ Roe ] rather than overturn it.” p>Giuliani also advertises the conservatism of his http://www.joinrudy2008.com/news/pr/447 TARGET=BLANK> Justice Advisory Committee
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topics:
John McCain, Abortion, Constitution, Law, Supreme Court, Iran, NATO, Conservatism

About the Author

Matt Bowman is a constitutional law attorney in Washington, D.C.

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