Legal Commentary

McCain's Litmus Test On Roe

By Big Tent Democrat

I thought this moment was the SUBSTANTIVE moment of the debate:

MR. SCHIEFFER: Even someone who had a history of being for abortion rights, you would consider them.

SEN. MCCAIN: I would consider anyone in their qualifications. I do not believe that someone who has supported Roe v. Wade -- that would be a part of those qualifications. But I certainly would not impose any litmus test.

Excuse me, Senator McCain, if you say you would not appoint someone who supports Roe, you have just imposed a litmus test. The anti-choice litmus test. As a voter, you have disqualified yourself as a potential President for me.

More . .

Obama said:

Now I would not provide a litmus test. But I am somebody who believes that Roe versus Wade was rightly decided. I think that abortion is a very difficult issue and it is a moral issue and one that I think good people on both sides can disagree on.

But what ultimately I believe is that women in consultation with their families, their doctors, their religious advisers, are in the best position to make this decision. And I think that the Constitution has a right to privacy in it that shouldn't be subject to state referendum, any more than our First Amendment rights are subject to state referendum, any more than many of the other rights that we have should be subject to popular vote.

Psst, sounds like a litmus test to me BTW.

By Big Tent Democrat, speaking for me only

Full post as published by TalkLeft on October 16, 2008 (boomark / email).