Television interview with candidate Giuliani

Rudy Giuliani, the very pro-abortion ex-mayor of New York (even unwilling to support a ban on partial birth abortion) was interviewed yesterday by Sean Hannity. He is almost certain to run for the Republican nomination for President.

Parts of the interview can be found at the weblog link below, along with various comments by readers. We reproduce the section on Roe v Wade and abortion below the link. Giuliani gives the standard "I personally oppose abortion, but..." responses. The comments are by Ann Althouse, law professor - it's her weblog.

Althouse: Hannity grills Giuliani.

Hannity grills Giuliani about all the social conservative issues. This is important. Hannity represents the sector of voters that Giuliani needs to reach. The first big question is about abortion: "Where does Rudy Giuliani stand on abortion, and do you think Roe v. Wade is good law/bad law?" Rudy:

Where I stand on abortion is: I oppose it. I don't like it. I hate it. I think abortion is something that, as a personal matter, I would advise somebody against. However, I believe in a woman's right to choose. I think you have to ultimately not put a woman in jail for that, and I think, ultimately, you have to leave that to a disagreement of conscience, and you have to respect the choice that somebody makes.

So what I do say to conservatives because then you want to look at, well, okay, what can we look to that is similar to the way you think. I think the appointment of judges that I would make would be very similar to if not exactly the same as the last two judges that were appointed. Chief Judge, uh, Justice Roberts is somebody I work with, somebody I admire. Justice Alito, someone I knew when he was U.S . Attorney, also admire. If I had been president over the last four years, I can't think of any, you know, that I'd do anything different than that. I guess the key to it is -- and I appointed over 100 judges when I was the mayor so it's something I take very, very seriously -- I would appoint judges that interpreted the Constitution rather than invented it, understood the difference of being a judge and being a legislator -- and having argued a case before the Supreme Court, having argued in many, many courts -- is something I would take very seriously.

Hannity asks him if he'd look for someone like Scalia, Roberts, and Alito. (I note the non-mention of Thomas.)

Scalia is another former colleague of mine and somebody I consider to be a really great judge. You're never going to get somebody exactly the same, and I don't think you have a litmus test, but I do think you have sort of a general philosophical approach that you want from a justice, and I think a strict constructionist would be probably the way I'd describe it.

Hannity gets back to the part of his abortion question that Rudy never answered: "Is Roe bad law?"

I think that's up to the Court to decide. It's been precedent for a very, very long time. There're questions about the way it was decided, the basis for it. At this point, it's precedent. It's going to be very interesting to see, what Chief Justice Roberts and what Justice Scalia, um, Justices Scalia and Alito do with it.

Why does he throw in Scalia and not mention Thomas? Because he knows Scalia? Because they share an ethnic identity? It's not going to be "very interesting to see" what Scalia does. We've seen it! Actually, I think he meant to just name the two new justices, but said Scalia for Alito, in the usual "Scalito" fashion.

I think probably they're going to limit [Roe], rather than overturn it...

He goes on, with various details about different sorts of statutes regulating abortion, but see what he's done? He still hasn't said that he thinks Roe was rightly or wrongly decided. It's a matter for the justices, he'll be interested to see what they do, and he's got predictions that go right down the middle, offering something to both sides. He won't talk about his own legal opinion, but he does then make the subject himself -- himself as that strong, experienced executive he wants everyone to think about. When he was mayor:

Abortions went down. Adoptions went way up. Because we worked on adoptions as an alternative, so that there'd be a real choice. So that, ultimately, you respect a woman's choice, but it should be a real choice. Adoption or, if they make that choice, I don't think the criminal law can interfere with it.

Comments

[Joe]

The irony of course is that Hannity, Roberts, and Alito are also all pro-abort.

[tom faranda]

That is an interesting comment. Hannity says he's pro-life, Alito's mother says that "of course" he is pro-life. And Roberts made a pro-life court decision when he was on the federal court of appeals. What do you base your opinion that they are all pro-abortion on?

[thea]

i think a lot of politicians would love to get off the hook on this one if abortion was delegalized. today however i did see an article that britian had a surge in abortion procedures during the month of january - which they attibute to heavy drinking and sexual irresponsiblity combined. i believe that if we could somehow get it into women's brains that they need to honor their reproductive gifts and not use abortion as birth control, there would not be such a large chasm on this subject in our country. oh, and having read the roe v. wade decision, yes, it was bad law. and i think most lawyers know this. including hizzoner

[Bonnie Shullenberger]

Guiliani is right about one thing. There is no real choice in America right now. There is no universal health care, no maternity leave, no mandated child care, no serious enforcement for child support (unless you are a protective mom, but that's another story). As my husband puts it, pro-choice equals no choice. REFUSE TO CHOOSE, Rudy. And Hillary, and both Johns, and Barak while we're at it.
Bonnie Shullenberger, another left-wing anti-choice fanatic.

[Theresa]

ok...I am going to go out on a limb here.

I would like to think that maybe, just maybe, he can be reached if he learns the truth of abortions harm to women since that is his justification.

What are the chances? probably not good, but I would at least try.
Some pro aborts have later become the biggest supporters of life...God can change any heart and to be honest, I am not so quick to throw in the towel. Like I said, it is worth the effort.

As far as Alito and Roberts being pro choice..that is news to me...

[Judith Anderson]

Ultimately Giuliani (and Cuomo, Clinton, Obama, etc.) is still saying abortion is an OK choice. The infanticide of partial birth abortion is OK as a choice. Destroying human life in its nascent stages is OK for "someone" to choose, as is experimenting on and destroying vulnerable embryonic human life. However, poverty is not OK; we want to end all poverty in America. A slightly larger hole in the ozone layer is not OK; we want to eliminate all greenhouse gasses. Historically, a little bit of slavery or enumerating Negroes in the Constitution as only three-fifths of a person were not OK, a few Jim Crow laws, no. But abortion, abortion is an OK choice. Pro-lifers, please don't confuse the need for education and compassion with the slight of hand that tries to convince you that you can oppose abortion yet still promote it as OK. It's kind of like supporting the troops, but not the mission.