CANDIDATE RUDY GIULIANI pledges to appoint strict-constructionist judges who won’t make policy from the bench, because “making laws is the responsibility of an elected legislature.” He cites Justices Scalia, Thomas, Roberts, and Alito as model appointments. Plaintiff Giuliani had a wholly different view of the judge’s role. As mayor of New York City, he launched lawsuits that sought liberal rulings to punish gun manufacturers and to overturn legislation on immigration, welfare reform, and taxes. When elected legislatures made laws with which he disagreed, this Giuliani thought it was a judge’s responsibility to legislate from the bench.
In late September, Rudy Giuliani appeared at a National Rifle Association conference to assure the audience that he opposes any new restrictions on gun ownership and views the right to bear arms as “just as important a part of the Constitution as the right to free speech and the other rights.” On the same day, the nation’s biggest gun manufacturers filed an appeal to overturn a ruling that had allowed a suit brought against them by Mayor Giuliani to proceed.
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