Article published Jul 18, 2007
 
Campaign 2008
 
Concord (NH) Monitor
July 18, 2007
 
Giuliani taps some right brains
Conservative jurists to advise ex-mayor
 

 

Jul 18, 2007
 
Former New York City mayor Rudy Giuliani yesterday unveiled a team of conservative lawyers and scholars who will help develop his policies on issues like tort reform and judicial appointments. Among the advisers are well-known conservative Ted Olson, former solicitor general of the United States under Ronal Reagan, and Miguel Estrada, a Bush appointee to the federal court whose nomination was blocked by Senate Democrats in 2003 in part because they distrusted his views on abortion.

For Giuliani, the only Republican presidential candidate who openly supports abortion rights, the new committee further supports his assertion that he will appoint "strict constructionist" judges, a term that may comfort some abortion foes who say previous judges have decided abortion questions that should have been left to legislators.

"It's a signal," said Fergus Cullen, chairman of the state Republican Party. "There's a guiding principle in politics that birds of a feather stick together. . . . If there are pro-life individuals (supporting Giuliani) . . . it helps attract other people who have similar views."

But some abortion foes say adding conservative advisers doesn't change Giuliani's stance on abortion, which will ultimately scare off the staunchest abortion opponents.

"It goes deeper than nervous," said David O'Steen, executive director of the National Right to Life Committee. "There's a deep divide between his position and that of pro-life people, and I think that's a problem for him."

Rep. Fran Wendelboe, a New Hampton Republican with a long record of supporting anti-abortion measures, said Giuliani may not stack up to other Republican options for voters who consider abortion a key issue. She said a number of local anti-abortion voters are supporting former Massachusetts governor Mitt Romney, who once supported abortion rights but changed his view before announcing a run for the presidency. And the National Right to Life Foundation has previously supported former senator Fred Thompson, who hasn't officially entered the race.

"It's gonna be a hard sell with so many strong pro-life candidates that are still in the race," Wendelboe said.

Still, Wendelboe and other local conservatives interviewed yesterday said single-issue voters may play a smaller role in post 9/11 politics. Giuliani's reputation on taxes and terror coupled with advisers who appeal to social conservatives may be a winning combination, especially in New Hampshire, where conservatives may focus more on the economy than abortion, Cullen said.

"I am aware of many pro-life individuals in the Republican Party who think very well of Rudy Giuliani," he said. "There are more who are at least open to him even though they know they disagree on social issues."

Giuliani campaign spokesman Jeffrey Barker said, "Many who do not agree with mayor Giuliani 100 percent of the time have nonetheless chosen to support him, further illustrating that the mayor is the one candidate who can bridge partisan politics and bring people together on difficult issues."

One of Giuliani's newest legal advisers, Steven Calabresi, a professor of constitutional law at Northwestern University, said the next president will play a vital role in the makeup of the Supreme Court. Six of the nine justices will be older than 70 when the next president takes office, he said.

Giuliani has pledged to appoint judges like Justices Antonin Scalia, Samuel Alito and Clarence Thomas - all appointees who drew criticism from abortion rights activists who feared their selection could threaten the right of women to have abortions in the United States.

Calabresi, who co-founded the Federalist Society, a public policy organization made up of conservatives and libertarians, said Giuliani will appoint judges who interpret the law but don't create it, an argument abortion foes have used against judges who have ruled in favor of abortion rights. Calabresi opposes abortion, but he believes Giuliani's knowledge of law (he's a former federal prosecutor and served as associate deputy attorney general in the Regan administration) combined with his stance on terrorism and fiscal policy make him the ideal candidate.

"In choosing a president, one has to look at a whole constellation of issues," he said. "Are they smart enough, tough enough and experienced enough to do the job?"

He added, "We are at a turning point in the federal courts now and there will be a number of important appointments to be made. . . I see that as a critically important issue."

Wendelboe, who said she hasn't decided who she'll support for president, said Giuliani could score more points with social conservatives if he chooses a strong anti-abortion running mate. "The would speak volumes to the pro-life community to have a family values voice at the table," she said.

And while conservatives seemed pleased with Giuliani's announcement yesterday, it remains to be seen if his stance on social issues will play in the primary.

"Six months is a lifetime in politics when you have such a volatile Republican field," Wendelboe said.

------ End of article

By JOELLE FARRELL

Monitor staff