Barack Obama Wants Pro-Abortion Judges, "Pro-Life Catholic" Kmiec Says

National   |   Steven Ertelt   |   Nov 2, 2008   |   9:00AM   |   WASHINGTON, DC

Barack Obama Wants Pro-Abortion Judges, "Pro-Life Catholic" Kmiec Says

by Steven Ertelt Editor
November 2
, 2008

Washington, DC ( — The mainstream media has hailed Douglas Kmiec throughout the presidential election as a supposedly pro-life Catholic attorney who backs Barack Obama. Kmiec claims Obama’s policies will reduce abortions, but he admitted Obama holds up two pro-abortion judges as his standard for the Supreme Court.

Kmiec, in a recent interview, says pro-abortion Supreme Court Justices Stephen Breyer and David Souter are the models Obama will use to make nominations for the high court if elected president.

Considering both favor the Roe v. Wade decision that allowed virtually unlimited abortions for any reason throughout pregnancy, Obama and Kmiec appear less than serious about reducing abortions.

Kmiec told in an interview on Friday that Obama has "that he’s most attracted to the kind of justice represented by Justice Breyer and Justice Souter" because they have "integrity and competence."

Yet both Souter and Breyer have twice refused to uphold the constitutionality of the partial-birth abortion ban.

Kmiec claims Obama wants judges who espouse the judicial philosophy called "minimalism" — "which is a fancy academic name for deciding the specifics of one case at a time, and indulging a ruling no greater than necessary to resolve that particular issue.”

Yet, the legal theory is at odds with Roe v. Wade, which struck down the abortion-reduction laws across the country and paved the way for nearly 50 million abortions since 1973.

Obama has repeatedly indicated he has a pro-abortion litmus test for judges.

In a Thursday interview, Obama repeated the pledge he’s made throughout the campaign.

"And so my criteria, for example, would be — if a Justice tells me that they only believe the strict letter of the Constitution — that means that they possibly don’t mean — believe in — a right to privacy that may not be perfectly enumerated in the Constitution but, you know, that I think is there," Obama said.

As early as a November 2007 debate with Democratic primary candidates, Obama confirmed he would only back pro-abortion Supreme Court picks.

"I would not appoint somebody who doesn’t believe in the right to privacy," he said.

Meanwhile, Senator John McCain has said he wants judges who won’t make up law form the bench but who will respect the rights of the people and their elected officials to make the law on abortion.

In a February letter to the Federalist Society, McCain sounded out the kinds of themes that delight pro-life groups.

In the letter, McCain promised to nominate "judges who understand that their role is to faithfully apply the law as written, not impose their opinions through judicial fiat."

"When I was running for president in 1999 I promised that, in appointing judges, I would not only insist on persons who were faithful to the Constitution, but persons who had a record that demonstrated that fidelity," the letter said.

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