Monday, December 10, 2007

An update on Rudy Ghoulini and Stare Decisis

Thanks to my friend, and legal advisor, BriantheGreat for this update.

In the post I wrote on November the 7th, I tried to make the case that Rudy is talking about appointing strict constructionist judges because he believes that judges who are strict constructionists will not overturn Roe vs. Wade based on a legal principle called stare decisis.
Read the previous article for a much fuller explanation.

BriantheGreat told me about an interview by Cal Thomas of Rudy Giuliani in todays Des Moines Register.

And this is the money quote, I would say I told you so, but that's not polite. Just read it and see for yourself.

Of greatest interest to social conservatives is Giuliani’s pledge to nominate only “strict constructionists” to the federal courts. Why would a supporter of “choice” on abortion nominate judges likely to overturn Roe v. Wade? “My view of a strict constructionist or originalist judge who sticks with the plain meaning of the Constitution comes from my judicial philosophy. It’s not that I want one particular decision changed.” He added that originalists might have “different views on this” and that precedent might trump even a wrongly decided case like Roe. Or, he said, the justices could overturn it. He cited the Second Amendment case the Supreme Court agreed to consider as a fine example of strict constructionism and noted that Judge Laurence Silberman read “The Federalist Papers” and other writings and speeches at the time the Bill of Rights was written to see what the authors intended.

Let me highlight the relevant point, that precedent might trump even a wrongly decided case like Roe.

He's not hiding it, he's not trying to fool you, he's right in your face with it. I'm going to appoint judges who will not overturn Roe vs. Wade, even though it's bad law, because of stare decisis or using his word, precedent.

There it is plain as the nose on your face. What more can I say?