From my review of the transcript, it appears that there was strikingly little in yesterdayโs debate relating to the Supreme Court and judicial nominations. Hereโs all I found:
1. Lightning struckโreallyโwhen Rudy Giuliani started to answer Wolf Blitzerโs question about a Catholic bishopโs comparison of Giulianiโs position on abortion to Pontius Pilateโs position on the crucifixion of Jesus. In explaining his position in support of legal abortion, Giuliani referred to several factors, including โmy reading of the Constitutionโ. Itโs unclear what exactly Giuliani meant by that, but itโs hardly an encouraging sign that he would suggest that the Constitutionโwhich is substantively neutral on the question of abortion policyโhas any bearing on his position in support of legal abortion. Giuliani seems intent on making it as difficult as possible for proponents of judicial restraint to take seriously his talk about appointing โstrict constructionistsโ. (He likewise seems intent on making it as difficult as possible for pro-lifers to support him: His comments closed with a rhetorical questionโโAnd should government put them [i.e., women making a decision about abortion] in jail?โโthat irresponsibly insinuates that abortion restrictions typically criminalize the conduct of the mother rather than of the abortionist.)
2. Blitzer stated that Mitt Romney had adopted his pro-life position โrelatively recentlyโ and asked why people should believe his position is genuine. As part of his answer, Romney cited his record as governor of Massachusetts and stated that โas we were debating cloning and as we were debating also embryo farming, I said Roe v. Wade has gone too far.โ
3. Ron Paul was asked about โthis whole issue of church and stateโ. The gist of his response is that โthe Constitution tells usโ that โ[w]e sort out the difficult problems at local levels and we donโt have one case fit all.โ Paul specifically cited Roe as a case that wrongly imposed a rule โfor the whole country.โ
Is there any candidate who is going to create the opportunity to make a serious case for judicial restraint?






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