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NASHVILLE, Tenn. — This is a compilation of the candidate responses on two specific national issues and detailing where the two major presidential candidates stand. The responses present the candidates' views as they have stated them in the past — either in interviews, speeches, and debates or on their campaign websites and not editorial comments.
Abortion
BARACK OBAMA
• What Obama thinks about Roe v. Wade, the 1973 decision that legalized abortion, according to his Web site: “Barack Obama understands that abortion is a divisive issue, and respects those who disagree with him. However, he has been a consistent champion of reproductive choice and will make preserving women's rights under Roe v. Wade a priority as president. He opposes any constitutional amendment to overturn the Supreme Court's decision in that case” (BarackObama.com).
• What Obama thought about the 2007 U.S. Supreme Court decision upholding the federal ban on partial-birth abortion: “I strongly disagree with today's Supreme Court ruling, which dramatically departs from previous precedents safeguarding the health of pregnant women. As Justice Ginsburg emphasized in her dissenting opinion, this ruling signals an alarming willingness on the part of the conservative majority to disregard its prior rulings respecting a woman's medical concerns and the very personal decisions between a doctor and patient. I am extremely concerned that this ruling will embolden state legislatures to enact further measures to restrict a woman's right to choose, and that the conservative Supreme Court justices will look for other opportunities to erode Roe v. Wade, which is established federal law and a matter of equal rights for women” (Obama campaign statement, April 18, 2007).
• Obama answering at what point “does a baby get human rights?”: “I think that whether you're looking at it from a theological perspective or a scientific perspective, answering that question with specificity is above my pay grade. But let me just speak more generally about the issue of abortion, because this is something obviously the country wrestles with. One thing that I'm absolutely convinced of is that there is a moral and ethical element to this issue. And so I think anybody who tries to deny the moral difficulties and gravity of the abortion issue, I think, is not paying attention” (Saddleback Presidential Civic Forum, Aug. 16, 2008).
• What Obama says about how his administration would approach the abortion issue: “I've made it ... clear that I will never back down from making sure that women have their reproductive rights here in this country. That's what's at stake in this election” (New York fundraiser, July 10, 2008). “The first thing I'd do as president is sign the Freedom of Choice Act (a bill that would overturn abortion restrictions and guarantee that abortion remains legal, even if Roe is overturned)” (Speech to Planned Parenthood, July 17, 2007).
• What Obama thinks about John McCain's views on abortion: “Sen. McCain has made it abundantly clear that he wants to appoint justices like Roberts and Alito and that he hopes to see Roe overturned. I was proud to get Planned Parenthood's endorsement, but I have to say that when you look who's got a 100 percent rating from Planned Parenthood, and you've got another candidate with a zero percent rating from Planned Parenthood, then it's not really a nail-biter. I stand by my votes against confirming Justices Roberts and Alito” (Speech, July 10, 2008).
JOHN MCCAIN
• What McCain thinks about Roe v. Wade, the 1973 decision that legalized abortion, according to his Web site: “John McCain believes Roe v. Wade is a flawed decision that must be overturned, and as president he will nominate judges who understand that courts should not be in the business of legislating from the bench. Constitutional balance would be restored by the reversal of Roe v. Wade, returning the abortion question to the individual states. The difficult issue of abortion should not be decided by judicial fiat” (JohnMcCain.com).
• What McCain thought about the 2007 U.S. Supreme Court decision upholding a federal ban on partial-birth abortion: “Today's Supreme Court ruling is a victory for those who cherish the sanctity of life and integrity of the judiciary. The ruling ensures that an unacceptable and unjustifiable practice will not be carried out on our innocent children. It also clearly speaks to the importance of nominating and confirming strict constructionist judges who interpret the law as it is written, and do not usurp the authority of Congress and state legislatures. As we move forward, it is critically important that our party continues to stand on the side of life” (McCain campaign statement, April 18, 2008).
• McCain answering at what point “does a baby get human rights?”: “At the moment of conception.” (Saddleback Presidential Civic Forum, Aug. 16, 2008).
• What McCain says about how his administration would approach the abortion issue: “I have a 25-year pro-life record in the Congress, in the Senate. And as president of the United States, I will be a pro-life president. And this presidency will have pro-life policies.... That's my commitment to you” (Saddleback Presidential Civic Forum, Aug. 16, 2008).
• What McCain thinks about Barack Obama's views on abortion: “In 2002, Congress unanimously passed a federal law to require medical care for babies who survive abortions—living, breathing babies whom Sen. Obama described as, quote, ‘previable.’ This merciful law was called the Born Alive Infants Protection Act. Illinois had a version of the same law, and Barack Obama voted against it. At Saddleback, he assured a reporter that he’d have voted ‘yes’ on that bill if it had contained language similar to the federal version of the Born Alive Infants Protection Act. Even though the language of both the state and federal bills was identical, Senator Obama said people were, quote, ‘lying’ about his record. When that record was later produced, he dropped the subject but didn't withdraw the slander. And now even Senator Obama's campaign has conceded that his claims and accusations were false.... His extreme advocacy in favor of partial-birth abortion and his refusal to provide medical care for babies surviving abortion should be of grave concern to reasonable people of goodwill on both sides of this issue” (John McCain weekly radio address, Aug. 23, 2008).
The role of the federal courts and the Supreme Court
BARACK OBAMA
• What types of justices Obama would nominate if elected president: "I think the Constitution can be interpreted in so many ways. And one way is a cramped and narrow way in which the Constitution and the courts essentially become the rubber stamps of the powerful in society. And then there's another vision of the court that says that the courts are the refuge of the powerless. Because oftentimes they can lose in the democratic back and forth. They may be locked out and prevented from fully participating in the democratic process. ... And we need somebody who's got the heart — the empathy — to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor or African-American or gay or disabled or old -- and that's the criteria by which I'll be selecting my judges" (speech before Planned Parenthood Action Fund, July 17, 2007). "There's a lot at stake in this election, especially for our daughters. To appreciate that all you have to do is review the recent decisions handed down by the Supreme Court of the United States. For the first time in Gonzales versus Carhart [the partial-birth abortion case], the Supreme Court held—upheld a federal ban on abortions with criminal penalties for doctors. For the first time, the court endorsed an abortion restriction without an exception for women's health. The decision presumed that the health of women is best protected by the court — not by doctors and not by the woman herself. That presumption is wrong (speech before Planned Parenthood Action Fund, July 17, 2007).
• Which justices on the current Supreme Court Obama would not have nominated: "I would not have nominated Clarence Thomas.... I don't think that he was a strong enough jurist or legal thinker at the time for that elevation, setting aside the fact that I profoundly disagree with his interpretations of a lot of the Constitution. I would not nominate Justice [Antonin] Scalia, although I don't think there's any doubt about his intellectual brilliance, because he and I just disagree.... John Roberts, I have to say was a tougher question only because I find him to be a very compelling person, you know, in conversation individually. He's clearly smart, very thoughtful. I will tell you that how I've seen him operate since he went to the bench confirms the suspicions that I had and the reason that I voted against him" (Saddleback Presidential Forum, Aug. 16, 2008).
• What Obama said on the Senate floor in opposing Samuel Alito, who was nominated for the Supreme Court by President Bush: "I have no doubt that Judge Alito has the training and qualifications necessary to serve. He's an intelligent man and an accomplished jurist. And there's no indication he's not a man of great character. But when you look at his record — when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American's individual rights" (speech, Senate floor, Jan. 26, 2006).
• What Obama said on the Senate floor in opposing John Roberts, who was nominated to be chief justice by President Bush: "The problem I face ... is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court so that both a Scalia and a Ginsburg will arrive at the same place most of the time on those 95 percent of the cases — what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those 5 percent of hard cases, the constitutional text will not be directly on point.... In those circumstances, your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country or whether a general right of privacy encompasses a more specific right of women to control their reproductive decisions, ... in those difficult cases, the critical ingredient is supplied by what is in the judge's heart.... The problem I had is that when I examined Judge Roberts' record and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak (speech, Senate floor, Sept. 22, 2005).
JOHN MCCAIN
• What types of justices McCain would nominate if elected president: "The moral authority of our judiciary depends on judicial self-restraint, but this authority quickly vanishes when a court presumes to make law instead of apply it. A court is hardly competent to check the abuses of other branches of government when it cannot even control itself.... I will look for accomplished men and women with a proven record of excellence in the law, and a proven commitment to judicial restraint. I will look for people ... who know their own minds, and know the law and know the difference. My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power" (speech, Wake Forest University, May 6, 2008). "With a presumption that would have amazed the framers of our Constitution, and legal reasoning that would have mystified them, federal judges today issue rulings and opinions on policy questions that should be decided democratically. Assured of lifetime tenures, these judges show little regard for the authority of the president, the Congress, and the states. They display even less interest in the will of the people. And the only remedy available to any of us is to find, nominate and confirm better judges" (speech, Wake Forest University, May 6, 2008).
• Which justices on the current Supreme Court McCain would not have nominated: "With all due respect, Justice [Ruth Bader] Ginsburg, Justice [Stephen] Breyer, Justice [David] Souter, and Justice [John Paul] Stevens. I think that the president of the United States has incredible responsibility in nominating people to the United States Supreme Court. They are lifetime positions, as well as the federal bench. There will be two or maybe three vacancies [during the next president's term]. This nomination should be based on the criteria of a proven record, of strictly adhering to the Constitution of the United States of America and not legislating from the bench. Some of the worst damage has been done by legislating from the bench" (Saddleback Presidential Forum, Aug. 16, 2008).
• What McCain said on the Senate floor in supporting Samuel Alito, who was nominated for the Supreme Court by President Bush: "Through 18 hours and over 700 questions before the Senate Judiciary Committee, [Alito] demonstrated that he will be an intelligent, fair and open-minded Justice who respects the judiciary's important but limited role of interpreting the law. I believe that he is worthy of not only my own support, but that of other members of this body.... Judge Alito is a man of outstanding qualifications whose record as a thoughtful conservative has won my vote" [speech, Jan. 5, 2006].
• What McCain said on the Senate floor in supporting John Roberts, who was nominated to be chief justice by President Bush: "There may be some question about whether Judge Roberts is conservative. I think the president of the United States made it very clear in the last campaign, and I personally heard him state on numerous occasions, that he would appoint as a Supreme Court Justice, in the event of a vacancy, a person who strictly interpreted the Constitution of the United States. So just as in the previous administration President Clinton appointed judges such as Justices [Stephen] Breyer and [Ruth Bader] Ginsburg who would be viewed by some as liberal, so I think it is entirely appropriate that Justice Roberts be viewed as 'conservative,' if conservative means someone who strictly interprets the Constitution of the United States in making these incredibly important decisions that are made by the U.S. Supreme Court" (speech, July 20, 2005).
BP. Complied by Michael Foust, assistant editor of BP news.
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