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Preventing Judicial Activism

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PREVENTING JUDICIAL ACTIVISM

The Romney Vision

For A Conservative Court

"I will appoint and fight for justices who follow the law and the Constitution, who understand judicial restraint and who won't legislate from the bench." - Gov. Mitt Romney (Gov. Romney, Remarks At The Family Research Council's Values Voter Summit, Washington, DC, 10/19/07)

THE ROMNEY VISION: CONSERVATIVE, STRICT CONSTRUCTIONIST JUDGES

Gov. Romney Supports Strict Constructionist Judges:

Gov. Romney Will Appoint Supreme Court Justice Who Are "Committed To Judicial Restraint." "As President, I intend to nominate judges who respect the separation of powers, are committed to judicial restraint, and have a genuine appreciation of the text, structure, and history of our Constitution." (Gov. Mitt Romney, "Governor Mitt Romney On The Beginning Of The U.S. Supreme Court Term," Press Release, 10/01/07)

- Gov. Romney: "The judges I nominate will recognize, as I do, that as Justice Scalia once said, the Court ought not take the field as some kind of 'junior-varsity Congress.' That would wrongly displace the first-string legislature, drawn from our deepest pool of talent - 'we, the people.'" (Gov. Mitt Romney, "Governor Mitt Romney On The Beginning Of The U.S. Supreme Court Term," Press Release, 10/01/07)

Gov. Romney Will Appoint Judges "Who Won't Legislate From The Bench." "I will be a pro-life President. I will appoint and fight for justices who follow the law and the Constitution, who understand judicial restraint and who won't legislate from the bench." (Gov. Romney, Remarks At The Family Research Council's Values Voter Summit, Washington, DC, 10/19/07)

Gov. Romney: "I Think Justice Roberts And Justice Alito Are Exactly The Kind Of Justices America Needs." GOV. ROMNEY: "I think the justices that President Bush has appointed are exactly spot-on. I think Justice Roberts and Justice Alito are exactly the kind of justices America needs." ("Romney On Judges: Follow Bush's Lead," Red State Blog, www.redstate.com, Accessed 11/4/07)

Gov. Romney Praised The Supreme Court's Decision Upholding The Partial Birth Abortion Ban:

Gov. Romney Praised The Decision Upholding A Partial-Birth Abortion Ban. "Today, our nation's highest court reaffirmed the value of life in America by upholding a ban on a practice that offends basic human decency. This decision represents a step forward in protecting the weakest and most innocent among us." (Gov. Mitt Romney, "Statement On Supreme Court's Partial Birth Abortion Ruling," Press Release, 4/18/07)

THE DEMOCRATS: LIBERAL, JUDICIAL ACTIVISM

The Democrats Support Judicial Activism:

Sen. Hillary Clinton (D-NY) Said She Will Appoint Supreme Court Judges To "Lead Us On A Different Course." SEN. CLINTON: "I recognized the danger posed to Roe v. Wade by the nominations of Samuel Alito and John Roberts to the Supreme Court. I spoke out about this threat to the right to choose and opposed both of them. As President, I will promote policies and judicial nominees who will uphold our constitutional liberties. I will lead us on a different course, one that affirmatively promotes women's health and well-being." (NARAL Website, www.prochoiceamerica.org/elections/statements/clinton.html, Accessed 11/4/07)

Sen. Barack Obama (D-IL) Wants Judges Who Would Explore A "Broader Vision" Of The Constitution. SEN. OBAMA: "But I also think it's important to understand that there's nothing wrong in voting against nominees who don't appear to share a broader vision of what the Constitution is about." (Aaron Blake, "Obama Vows To Look Into High Court Nominees' Hearts," The Hill, 7/17/07)

Former Sen. John Edwards (D-NC) Cites Liberal Justice Ruth Bader Ginsberg As His Ideal Judge. NBC's BRIAN WILLIAMS: "The question is, your model Supreme Court Justice?" SEN. EDWARDS: "Ginsberg or Breyer." (MSNBC Democratic Presidential Debate, Columbia, SC, 4/26/07)

The Democrats Opposed Strict Constructionist Judges:

Sen. Clinton And Sen. Obama Voted Against The Nomination Of Supreme Court Chief Justice John Roberts. (Roberts Nomination, CQ Vote #245: Confirmed 78-22: R 55-0; D 22-22; I 1-0, 9/29/05, Clinton And Obama Voted Nay)

Sen. Clinton And Sen. Obama Voted Against The Nomination Of Supreme Court Justice Samuel Alito. (Alito Nomination, CQ Vote #2: Confirmed 58-42: R 54-1; D 4-40; I 0-1, 1/31/06, Clinton And Obama Voted Nay)

Sen. Edwards Called Judge Alito "Way Out Of The Mainstream" And "Dangerous." (John Edwards For President Website, http://johnedwards.com/news/newsletter/alito20060112/index.html, Accessed 6/12/07)

The Democrats Opposed The Supreme Court's Decision Upholding The Partial Birth Abortion Ban:

Sen. Clinton Decried The Supreme Court's Gonzalez V. Carhart Decision, Calling It An "Erosion Of... Constitutional Rights." (Sen. Hillary Clinton, "Statement Of Senator Hillary Rodham Clinton On Supreme Court's Gonzales v. Carhart Decision," Press Release, 4/18/07)

Sen. Obama: "I Strongly Disagree With Today's Supreme Court Ruling, Which Dramatically Departs From Previous Precedents Safeguarding The Health Of Pregnant Women." (Klaus Marre, "Giuliani Joins GOP Praise For Abortion Decision," The Hill, 4/18/07)

Sen. Edwards: "I Could Not Disagree More Strongly With Today's Supreme Court Decision." (Edwards For President, "Edwards Statement On Supreme Court Ruling On Federal Abortion Ban," Press Release, 4/18/07)


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