I had the impression that Bush was asked whether he had a "litmus test" about Roe v. Wade for judicial appointments--in fact, in my live-blogging, I faulted Kerry for not answering the question whether he had a litmus test---but I see that it was Bush who took the question "would you like to [overturn Roe v. Wade]?" and rephrased it: "What he's asking me is, will I have a litmus test for my judges?"...I hope I was right about that! But apply that to the Miers nomination. For me to be right, her nomination must fail. Right?
Bush could easily give a negative answer the question as he rephrased it into "litmus test" form: "I will pick judges who will interpret the Constitution, but I'll have no litmus test." This hides the ball (very much the way judicial candidates themselves hide the ball). Decent judicial candidates that are opposed to Roe v. Wade have their opposition integrated into a coherent theory of constitutional interpretation. Bush must pick good judges, not one-issue anti-abortion types, so anyone with a chance at confirmation would be someone who would be presented as a well-qualified constitution interpreter. The antagonism to Roe would exist within a theory of constitutional interpretation. I presume Bush would pick judges with the sort of approach to interpretation that excludes Roe v. Wade.
October 6, 2005
"Decent judicial candidates that are opposed to Roe v. Wade have their opposition integrated into a coherent theory of constitutional interpretation."
That's something I wrote after one of the presidential debates last fall: