Re: Giuliani and Pro-Lifers - The American Spectator | USA News and Politics
Re: Giuliani and Pro-Lifers

James, I think it is more precise to say Rudy has said he would appoint strict conservative judges like Roberts and Alito who may or may not overturn Roe. The distinction is important. As Ted Olson and Steven Calabresi (founder of the Federalist society) explained in this interview, presidents commited to banishing results oriented judging are wise not to promise certain results from nominees or to insist their nominees make such promises. The following from that interview is helpful in understanding why Giuliani is not predicting nor guaranteeing a Roe reversal: “When asked why social conservatives cannot get a ‘guarantee’ that Giuliani will ensure Roe v. Wade is overturned Calabresi explains that ‘what we have been campaigning for 25 years is for judges to be deciding cases according to the law and not making policy makers.’ He cautions that if we ask prospective judges about policy on one matter we will be prevented in the goal of ensuring that judges decide cases without regard to specific policy objectives. He does however offer comfort to conservatives, noting that Giuliani has said he most admires Justices Roberts, Thomas, Alito and Scalia and that Calabresi would be ‘thrilled with another.’ He does point out that even these conservative icons don’t always agree. Rather than predict how a specific judge will rule in a certain case, presidents do best, he says, when they select ‘extremely bright, talented lawyers and people committed to judging rather than making policy.'”

Giuliani is right in this regard: I see no guarantee that Roberts or Alito favor a reversal of Roe at this point yet no legal conservative of note opposed them for lack of such certainty. However, if you are committed to appointing justices like these (by the way figuring out who is like them is not an easy task as was pointed out in the brilliant book “Supreme Conflict The Inside Story of the Struggle for Control of the United States Supreme Court” by Jan Crawford Greenburg) and avoiding compromise picks or stealth appointees your chances of reaching that desired end result are a heck of a lot better than with some of the recent picks (Kennedy, Souter,etc.) or than with anyone on Hillary’s short list.

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