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Chief Justice John Roberts and Associate Justice Ruth Bader Ginsburg of the United States Supreme Court

CBN: Would Giuliani Nominate a Judge Like Ruth Bader Ginsburg?

Now that Rudy Giuliani is in, his conservative critics are going to go to town on him from abortion to marriage to yes, even judges. Just recently as this weekend, Giuliani said he would appoint judges like Scalia, Alito and Roberts. That’s music to the ears of social conservatives. But, less than two years ago, in July of 2005, when he appeared on Fox’s Hannity and Colmes he said this about judges:

Host Alan Colmes:

“Now, Roe versus — now, you are pro-choice. How important is it to you as a pro-choice Republican to have a pro-choice on the court as someone…

Giuliani:“That is not the critical factor. And what’s important to me is to have a very intelligent, very honest, very good lawyer on the court. And [John Roberts] fits that category, in the same way Justice Ginsburg fit that category. I mean, she was — she maybe came at it from a very different political background, very qualified lawyer, very smart person. Lots of Republicans supported her. I expect, and listening to Senator Nelson, I expect that John Roberts will get support from a lot of Democrats.”

Now, fast forward to last night on Hannity and Colmes. Here’s Giuliani today on judges:

“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 Justice Roberts is somebody I work with, somebody I admire. Justice Alito, someone I knew when he was US attorney, also admire. If I had been president over the last four years, I can’t think of any– that I’d do anything different with that.” (Emphasis Flap’s)

And the point is what?

The conclusion is that Giuliani would appoint a devout ultra-Left Liberal like former ACLU attorney, Ruth Bader Ginsburg to the United States Supreme Court?

And you reached that conclusion, how?

So, let’s try and make sense of this. Roberts is good, Alito is good. Ginsburg? Well, according to Giuliani she’s just like Roberts when it comes to being very honest, a very good lawyer and very intelligent. So it doesn’t seem he has a problem with judges like that even if they’re liberal. Will this past statement hold up under the bright lights of scrutiny from social conservatives in Iowa, New Hampshire, South Carolina, etc. More developments to come.

So, does David Brody, Capitol Hill Correspondent, even know what the Mayor was discussing in legal parlance?

Probably not.

Well, Flap will educate him.


Ginsburg Applauded Roberts For Abiding By Ginsburg Precedent:

“[Justice Ginsburg] Said She Agreed With A Position Taken By Federal Judge John G. Roberts During His Confirmation Hearing To Replace The Late Chief Justice William H. Rehnquist. Roberts Invoked Ginsburg When He Refused To Speculate On How He Would Rule In Cases Before The Court.” (Estes Thompson, “Justice Ginsburg Says She’d Prefer Another Woman On Court,” The Associated Press, 9/29/05)

  • Ginsburg: “Judge Roberts Was Unquestionably Right … My Rule Was I Will Not Answer A Question That Attempts To Project How I Will Rule In A Case That Might Come Before The Court.” (Estes Thompson, “Justice Ginsburg Says She’d Prefer Another Woman On Court,” The Associated Press, 9/29/05)
  • Ginsburg: “‘A Judge On A Collegial Court Should Never Forecast How He Or She Would Vote On Particular Issues’ Because During The Decision-Making Process A Justice Is Exposed To Briefs, Lawyers’ Arguments And Discussions With Other Justices …” (Estes Thompson, “Justice Ginsburg Says She’d Prefer Another Woman On Court,” The Associated Press, 9/29/05)

Flap has many friends who are liberal lefties who are WRONG on political and legal issues most of the time. This does not mean they are not good lawyers or fine, smart people.

Flap would never consider his friends for appointment to any court because of their political philosphy. This is what Mayor Giuliani is saying.


The conclusion Brody reaches is a non-sequitor and makes NO sense.

Giuliani is clear on what judicial philosophy he would wish on nominees to the Court. Go here and either listen to the Mayor or read the transcript.

If the Christian RIGHT wants to distort the Mayor’s record and trash him, they will have to do better than this.

Stay tuned……



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