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Rudy gives idea of ideal Supreme Court Justice
Attorney Blogs | 2007/07/19 05:28

Rudy Giuliani pledged Wednesday to appoint Supreme Court justices in the model of conservatives Antonin Scalia and Clarence Thomas, hoping to win over anti-abortion Republicans in this key first-caucus state. But Giuliani avoided any mention of whether he would seek to overutrn the Roe v. Wade abortion rights decision -- now potentially just one justice from being repealed -- insisting he would not have a litmus test on that or any other issue.

Giuliani named those two justices, along with President George W. Bush's two picks, Chief Justice John Roberts and Justice Samuel Alito, as the kind of people he would put on the court. He said they don't try to write laws from the bench but only interpret the Constitution "in a way that will protect your rights and my rights. They will not get it into their heads that they're really legislators and they can go around changing things," Giuliani said.

Bush himself had mentioned Scalia and Thomas as his model judges during his 2000 campaign -- a move widely viewed as a way to signal conservatives that he would move the court rightward, including on Roe v. Wade.

But conservatives then knew that Bush was personally opposed to abortion. Giuliani is using a similar pledge to convince conservatives that he would look beyond his personal views in support of abortion rights in pickng justices, raising questions of whether it will be as effective an appeal.

Giuliani also defended his record of picking mostly Democratic judges as New York mayor, saying those people didn't decide constitutional issues but mainly presided over criminal cases.

Giuliani is making his first swing through heavilly Republican western Iowa today and tomorrow, seeking to convince voters he is not bypassing the state's January caucuses despite mixed signals from his campaign.



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