Why is Rudy Giuliani still the front-runner for the Republican nomination? (Fred Thompson's leap to second place in the polls seems to have come mainly at the expense of Mitt Romney and other, lesser candidates and not from taking away Giuliani's supporters.) I have argued that the main reason is that most Republicans regard the War on Terrorism as a more important issue than their religious agenda. But the article below (as well as a similar piece in the Chicago Sun-Times) offers a different line of reasoning.
In this view, Giuliani's pledge to appoint "strict constructionist" judges to the Supreme Court would be likely to lead to an eventual reversal of Roe v. Wade—which was, in fact, decided on the very insubstantial grounds of the vague penumbra of a right to privacy. And this author actually prefers that these judges be appointed by Giuliani, whose non-observant religious background would serve to defuse opposition.
Just as only Nixon could go to China, this argument goes, only Rudy can overturn Roe.
I think there's a bit of wishful thinking in this argument (including the presumption that conservatives could successfully ban abortion in most states if Roe were no longer an obstacle). But it's worth keeping in mind as the motive and not-so-secret hope of some of Giuliani's seemingly unlikely supporters on the religious right.
"Anti-Roe and Pro-Rudy," Eric Johnston, New York Times, September 14 To the disbelief of the political class, Rudy Giuliani still leads the polls in the race for the Republican nomination for president. Mike Huckabee, John McCain, Mitt Romney and Fred Thompson seem unable to compete with conservative affection for a thrice-married, twice-divorced, socially liberal New Yorker.
Perhaps I can help alleviate the pundits' bafflement. I am a fervent pro-lifer, and I like Rudy Giuliani. And it's not because, as some suggest, I think national security is more important than abortion. I think Mr. Giuliani will be the most effective advocate for the pro-life cause precisely because he is unreligious and a supporter of abortion rights….
Mr. Giuliani promises to nominate judges who are "strict constructionists." His campaign Web site explains: "It is the responsibility of the people and their representatives to make laws. It is the role of judges to apply those laws, not to amend our Constitution without the consent of the American people."
Roe v. Wade, with no textual warrant in the Constitution, struck down the states' democratically enacted restrictions on abortion. By fighting Roe, pro-lifers aim not to make abortion illegal by judicial fiat, but to return the decision about how to regulate abortion to the states, where we are confident we can win.…
Only a constitutionalist who supports abortion rights can create an anti-Roe majority by explaining that the end of Roe means letting the people decide, state by state, about abortion….
Mr. Giuliani makes the same arguments that we pro-lifers make. But he can be more persuasive because he will not be perceived as trying to advance his own religious preferences. By taking the side of pro-lifers for democratic, but not devout, motives, a President Giuliani could shake up the nearly 35-year-old debate over Roe v. Wade.
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