I hesitate to weigh in since I’m too busy with Easter to get too deep into the weeds on this, but: Last week Giuliani gave pro-lifers plenty of reason to doubt him on judges — in the very same interview where he made his remarks about taxpayer-funded abortion. I’m not sure why his stated opinions about judicial philosophy, assuming he was articulating them properly, are less important than McCain’s friendships with Democrats and record on campaign finance reform. It may well be true that the judges who share Giuliani’s views on national security and executive authority are more likely to agree with pro-lifers on the constitutionality of Roe but, given stare decisis, they certainly don’t have to please pro-lifers any more than Anthony Kennedy has.
Take Samuel Alito, for example. He was an excellent choice when President Bush nominated him and is now a reliable member of the Court’s conservative bloc. Alito may believe Roe was wrongly decided — by some accounts, Giuliani once did too — but we still don’t know whether he’d vote to overturn the decision if the opportunity presented itself. If the judges argument is being made to appeal to social conservatives rather than just on the merits of originalism, I’m not sure that Giuliani is so obviously better than McCain.
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