The Corner

re: Wait Another Second

No, John, that’s not what I’m saying–because what you’re saying isn’t what Giuliani said. What he said was that “you don’t get” to think a policy is constitutional if the Supreme Court rules otherwise. He wasn’t citing the Court’s decision as mere support for his position; he was using it to close debate on the issue. And yes, that’s not something that the typical judicial conservative would do.

For example, after 2000, judicial conservatives would not have given a speech like the following: “You say you like laws against partial-birth abortion. Tough! They’re unconstitutional. The Supreme Court says so. End of story.” Of course, given that Giuliani was for “choice” in partial-birth abortion back then, maybe he would have made those remarks.

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