Topics in the News: Litmus Test
Fred Thompson on Abortion
: Nov 4, 2007
Opposes partial birth ban; but no parental notification
Q: You're for allowing states to have pro-abortion rights, you say that you would not ban abortion, it's a woman's right, and you would not ban it in the first trimester.A: No, no. It's a complex issue concerning whether or not you're going to have a
federal law, a federal constitutional amendment, those kinds of things. Nobody's proposed a federal law on this. I had an opportunity to vote on an array of things over eight years, whether it be partial birth abortion, whether it be Mexico City policy,
whether it be transporting young girls across state lines to avoid parental notification laws and all that--100% pro-life. I would take those same positions as president: No federal funding for abortion, no nothing that would in any way encourage
abortion. I do not think it is a wise thing to criminalize young girls and perhaps their parents as aiders and abettors or perhaps their family physician. And that's what you're talking about. You're talking about potential criminal law.
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Source: Meet the Press: 2007 "Meet the Candidates" series
Fred Thompson on Abortion
: Sep 20, 2007
Appoint only strict constructionist judges
Activist judges across the country seem intent on legislating from the bench to promote a culture of abortion, redefine marriage, and undermine families--in effect re-shaping the values of our entire society without the consent of the people.
We need judges who recognize their role in our democracy is to interpret, not make, the law. I am committed to appointing strict constructionist judges who will interpret the law, not impose their views on us by legislating from the bench.
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Source: Campaign website, www.Fred08.com, "Issues"
Ron Paul on Abortion
: Sep 17, 2007
Nominate only judges who refuse to legislate from the bench
Q: Will you nominate only judges who are demonstrably faithful to the judicial role of following only the text of the Constitution, and who not only refuse to legislate from the bench, but are committed to reversing prior court decision where activist
judges strayed from the judicial role and legislated from the bench?- HUCKABEE: Yes.
- TANCREDO: Yes.
- COX: Yes.
- BROWNBACK: Yes.
- PAUL: Yes.
- HUNTER: Yes.
- KEYES: Yes.
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Source: 2007 GOP Values Voter Presidential Debate
John Cox on Abortion
: Sep 17, 2007
Nominate only judges who refuse to legislate from the bench
Q: Will you nominate only judges who are demonstrably faithful to the judicial role of following only the text of the Constitution, and who not only refuse to legislate from the bench, but are committed to reversing prior court decision where activist
judges strayed from the judicial role and legislated from the bench?- HUCKABEE: Yes.
- TANCREDO: Yes.
- COX: Yes.
- BROWNBACK: Yes.
- PAUL: Yes.
- HUNTER: Yes.
- KEYES: Yes.
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Source: [Xref Paul] 2007 GOP Values Voter Presidential Debate
Tom Tancredo on Abortion
: Sep 17, 2007
Litmus test for judges: only appoint if they'd overturn Roe
Q: What will you do to restore legal protection to the unborn?A: All of us would appoint judges who would overturn Roe v. Wade. At least, I guarantee you, I would do that. That would be a litmus test. I know every time I hear the debate over the
judges, they're in front of the Senate, and everybody says, "You know what? Now, there's no litmus test, here," well, I guarantee you there would be a litmus test, for me, and that is, "Will you overturn Roe v. Wade?" That's gotta be there.
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Source: 2007 GOP Values Voter Presidential Debate
Fred Thompson on Abortion
: Jun 3, 2007
Roe v. Wade was bad law and bad science
On the issue of abortion Thompson was unequivocal: "Prolife." Asked if he supported overturning Roe v. Wade, Thompson was equally unequivocal: "I think Roe v. Wade was bad law and bad medical science And the way to address that is through good judges.
I don't think the court ought to wake up one day and make new social policy for the country. It's contrary to what it's been the past 200 years... That's what happened in this case [Roe v. Wade]. I think it was wrong."
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Source: The Fred Factor, by Steve Gill, p.143-144
Fred Thompson on Abortion
: Jun 3, 2007
Appoint strict constructionist judges
As President, Thompson would appoint strict constructionist judges like the man he helped through the confirmation process to the position of
Chief Justice, John Roberts.
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Source: The Fred Factor, by Steve Gill, p.162
Rudy Giuliani on Abortion
: May 14, 2007
Appoint constructionist judges, but no litmus test
Q: Would you personally be disappointed if the Supreme Court overturned Roe v. Wade?A: I don't think it's a question of being disappointed or being happy about it. I think it's a question of not wanting to make this a litmus test for judges, so that a
judge feels free to listen to the facts, listen to the arguments, and come to the decision they think is the correct interpretation of the Constitution. Some strict constructionist judges are going to decide it was wrongly decided. Other strict
constructionist judges may give more weight to the precedential value of it, the fact that it's been the law for this length of time. You can see the tension there between these two things. And I think the court should be allowed to decide this.
Q: Would you nominate someone whose record shows that he opposes a woman's right to choose?
A: If I thought that on 20 other issues they would be terrific, I might be able to, sure. I don't consider it a litmus test.
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Source: Fox News Sunday: 2007 "Choosing the President" interviews
Rudy Giuliani on Abortion
: May 3, 2007
Ok to repeal Roe v. Wade, but ok to view it as precedent too
Q: Would the day that Roe v. Wade is repealed be a good day for America? ROMNEY: Absolutely.
BROWNBACK: It would be a glorious day of human liberty and freedom.
GILMORE: Yes, it was wrongly decided.
HUCKABEE: Most certainly.
HUNTER: Yes.
THOMPSON: Yes.
McCAIN: A repeal.
GIULIANI: It would be OK to repeal. It would be OK also if a strict constructionist judge viewed it as precedent and I think a judge has to make that decision.
Q: So it would be OK if they didn't repeal it?
GIULIANI: I think the court has to make that decision and then the country can deal with it. We're a federalist system of government and states can make their own decisions.
TANCREDO: After 40 million dead because we have aborted them in this country, I would say that that would be the greatest day in this country's history when that, in fact, is overturned.
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Source: 2007 GOP primary debate, at Reagan library, hosted by MSNBC
Mike Gravel on Abortion
: Apr 27, 2007
Any abortion decision should remain between woman & doctor
I am opposed to today's Supreme Court ruling [allowing states to ban partial-birth abortion] or any ruling that places restrictions on reproductive freedom. Today's decision authorizes federal intervention to prohibit a nationwide procedure that the
American College of Obstetricians and Gynecologists has found at times to be medically necessary. Any decision on abortion should remain between a woman and her doctor. There is no room for interference from politicians and judges.
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Source: Press release, "Statement on Supreme Court ruling"
Joe Biden on Abortion
: Apr 26, 2007
Nominees should agree on constitutional right to privacy
Q: As president would you have a specific litmus test question on Roe v. Wade that you would ask of your nominees for the high court? A: I strongly support Roe v. Wade. I wouldn't have a specific question but I would make sure that the people
I sent to be nominated for the Supreme Court shared my values; and understood that there is a right to privacy in the United States Constitution. That's why I led the fight to defeat Bork, Roberts Alito, and Thomas.
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Source: 2007 South Carolina Democratic primary debate, on MSNBC
Dennis Kucinich on Abortion
: Apr 26, 2007
Litmus test on Roe, but as part of a culture of life
Q: As president would you have a specific litmus test question on Roe v. Wade that you would ask of your nominees for the high court? A: Any of my appointments to the high court would necessarily reflect my thinking. I don't know how it could be
otherwise. I intend to be a president who's a healer, who understands that this country has been put in a debate that has torn it apart. But the truth of the matter is, it's possible to take a course of action where you can get all the people of
America in support of a culture of life which includes prenatal care, postnatal care, child care, universal health care, a living wage, all those things that give support to life. And we also need to listen carefully to those who are concerned about
abortion. At the same time, a healer as president would help reconcile this nation, and cause a woman's right to privacy to be protected unquestioningly, protect Roe v. Wade, but also go out and listen to people and engage people and open up hearts.
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Source: 2007 South Carolina Democratic primary debate, on MSNBC
Sam Brownback on Abortion
: Apr 22, 2007
Agrees with Supreme Court limiting partial birth abortion
Q: The Supreme Court decision, 5-4, saying that the restrictions passed by Congress on late-term abortion procedure that critics call partial birth abortion, was, in fact, constitutional. Comments?Q: We're talking about a procedure where you're mostly
delivering the child & then literally crushing its head to go ahead with the abortion. And I think that's why the Supreme Court ruled the way it did on this clearly very gruesome procedure and I think they're starting to find life in the Constitution.
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Source: CNN Late Edition: 2007 presidential series with Wolf Blitzer
Mitt Romney on Abortion
: Mar 12, 2007
Would welcome overturning Roe v. Wade
Q: Would you welcome the overruling of Roe v. Wade by the Court?A: Yes. I would like to see each state be able to make its own decision regarding abortion rather than have a one-size-fits-all blanket pronouncement by the Supreme Court.
Q: Would you
have a "litmus test" of any sort when it came to nominees for the Supreme Court?
A: I think we'd all like to apply a litmus test. Each of us would like to say, "Here are all the decisions that are going to come up. How will you vote?" But I don't think
that's the process that you're going to see employed by me or, frankly, by others as well. Doing it that way would make it very difficult for the nominee to be confirmed. There will not be a litmus test. Instead, there will be a philosophical test, which
is: "Is this a person who follows the law, who abides by the Constitution, who will strictly construe the Constitution as intended, or is this a person who looks to expand upon the Constitution to 'write' laws without the benefit of legislation?"
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Source: A Mormon in the White House, by Hugh Hewitt, p.103-104
Fred Thompson on Abortion
: Mar 11, 2007
Judges should not make new social policy for the country
Q: Let's do a lightning round. Abortion.A: Pro-life.
Q: Do you want to overturn Roe v. Wade?
A: I think Roe v. Wade was bad law and bad medical science. And the way to address that is through good judges. I don't think the court ought to wake up
one day and make new social policy for the country. It's contrary to what it's been the past 200 years. We have a process in this country to do that. Judges shouldn't be doing that. That's what happened in that case. I think it was wrong.
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Source: Fox News Sunday: 2007 "Choosing the President" interviews
Hillary Clinton on Abortion
: Oct 11, 2005
Voted liberal line on partial birth & harm to fetus
Hillary's votes all echo the liberal line in the Senate- She opposed the ban on partial birth abortions
- She came down against criminalizing harm to a fetus during an attack on the mother
- She opposed a travel ban to Cuba
- She opposed a
constitutional amendment banning gay marriage
- She backed extending the ban on assault rifles for 10 years
- She was against Bush's tax cuts
- She opposed repealing the estate tax
- She opposed limits on class action lawsuits.
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Source: Condi vs. Hillary, by Dick Morris, p. 85-86
Newt Gingrich on Abortion
: Oct 1, 2005
Impeach judges who don't abide by Constitution as written
There is a sense of defeatism when it comes to the federal courts because the Left-liberal media insist on judicial supremacy and assert that the only way to check and balance the courts is to pass a constitutional amendment. This is of course absurd and
historically wrong. The amendment process was not intended to be the way to check and balance Supreme Court decisions. There are some steps we can take through the legislative and executive branches to reestablish a constitutional balance.- The
American people can insist on electing Senators who promise to confirm judges who enforce the Constitution as written.
- The legislative & executive branches can limit jurisdiction of the federal courts to hear certain types of cases where they believe
the federal judiciary is wrong.
- Americans can only insist that judges who consistently ignore the Constitution and the legitimate powers of the other two coequal branches of the federal government be considered unfit the serve and be impeached.
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Source: Winning the Future, by Newt Gingrich, p. 81-84
Tommy Thompson on Abortion
: Dec 25, 2000
Ban partial birth abortions
The governor also helped improve the health of Wisconsin families by:- Making it easier and more affordable for families to adopt children.
-
Banning the practice of partial birth abortions.
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Source: Wisconsin Governor’s web site, “Health Care”
Al Gore on Abortion
: Oct 3, 2000
No litmus test; but appointees would uphold Roe v. Wade
Q: Should a voter assume that all judicial appointments you make to the Supreme Court will be pro-life?BUSH: Voters should assume that I have no litmus test on that issue or any other issue. The voters will know I’ll put competent judges on the bench,
people who will strictly interpret the Constitution and will not use the bench to write social policy. I believe in strict constructionists.
GORE: Both of us use similar language to reach an exactly opposite outcome. I don’t favor litmus tests, but I
know that there are ways to assess how a potential justice interprets the Constitution. I believe that there is a right of privacy in the Fourth Amendment. When the phrase “strict constructionist” is used, those are code words for saying that the
governor would appoint people who would overturn Roe v. Wade.
Q: What code phrases should we read by what you said?
GORE: It’d be very likely that [my appointeees would] uphold Roe v. Wade. But I do believe it’s wrong to use a litmus test.
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Source: Presidential debate, Boston MA
Al Gore on Abortion
: Sep 30, 2000
Opposes partial birth abortion, but opposes banning it
Gore’s approach to abortion is just as pragmatic as Bush’s. As a Congressman for a conservative Tennessee district, he cast more votes against abortion than in favor. But as he became a national figure he changed his position, and now claims that he will
do everything in his power to prevent Roe v. Wade from being overturned. Gore: opposes parental-notification lawsOpposes partial birth abortion, but also opposes Republican attempts to ban itsupports Medicaid funding of abortion.
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Source: The Economist, “Issues 2000” special
John McCain on Abortion
: Aug 24, 1999
Opposes partial-birth abortions & public financing
In a letter to the National Right to Life Committee, McCain detailed a long anti-abortion record, including his sponsorship of the effort to overturn President Clinton’s veto of a bill banning late-term procedures called “partial birth” abortions. He
also has opposed public financing of abortions, except in cases of rape, incest or a threat to the mother’s life.
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Source: Ron Fournier, Associated Press