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Ted Olson On Rudy’s Judges

Thursday, March 1, 2007  |  posted by Hugh Hewitt
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The former Solicitor General and Rudy Giuliani supporter joins me to start the show with a discussion of Rudy’s judges.  Ben Smith of Politco who wrote this morning’s article will also be a guest.

A transcript of the Olson interview  is here.  Key graph:

HH: I’m talking with Ted Olson, former Solicitor General of the United States. Ted, how will Mayor Giuliani persuade social conservatives that they can rely on his nominees’ views on Roe, same sex marriage, gun control and property rights? How’s he going to…that’s a tough nut to crack.

TO: Well, it is. Obviously, conservatives are entitled to listen carefully, and watch carefully, and look the man in the eye, and make their own judgments. I will tell you that I have had, I’ve known Rudy for 25 years, and I know the kind of…how he feels about the separation of powers, the allocation of responsibility between the president and people who make laws in the legislature, and judges who enforce those laws, and enforce the Constitution the way it was written, and the way it was intended to be enforced. He was a part of an important judge selecting process, as I said early in the Regan administration, and a dramatic difference was made. An effort was made there by Attorney General William French Smith, for whom Rudy was the number three person in the Department, to select, and President Reagan, to select individuals, men and women, of character, integrity, and of a view of judicial philosophy that judges were to apply the law consistent with the way they were written by the policy makers. That’s the kind of people that he would appoint, that’s the kind of individuals that were appointed by the Attorney General, and the president that he worked for in the early 1980’s.

UPDATEHere’s Ed Morrissey’s report of Bill Simon’s defense of Rudy’s judges.  Key excerpt:

I asked Simon about the recent issue with judges. The Politico posted an article on Rudy’s track record on judicial nominations, and reported that Giuliani appointed more Democrats than Republicans to the bench as Mayor. Hower, Simon called this misleading. The mayor does not have a free hand in judicial appointments in New York City. An independent panel gives the mayor a choice of three candidates for each open seat, and the mayor has to select from those three. Rudy did not choose the candidates; he had to select one of three locked-in choices.

I also asked Rick Santorum about the judges issue today. That transcript will also be up here later.

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