Democrats are pro-choice and have an abortion litmus test for judges they would nominate to the Supreme Court. Giuliani is pro-choice but has no such litmus test. The key phrase in his answer is “strict constructionist judge.” On judicial issues in general he believes in “strict constructionism,” the common conservative view that we don’t want judges citing penumbral emanations and other constitutional vapors to justify inventing new rights they fancy the country needs.
However, one strict constructionist might look at Roe v. Wade as the constitutional travesty it is and decide to repeal it. Another strict constructionist judge could, with equal conviction, decide that after 35 years the habits and mores shaped by Roe v. Wade are so ingrained in society that it should not be overturned.
The question is whether, for Giuliani, strict constructionism is more or less important than the right to choose. Byron York is right: Giuliani has to level with the voters. Which comes first--choice or strict construction? If he can seriously and consistently give the latter answer, I might still be able to vote for him in the general election (which I’m sure matters to him immensely).