David Limbaugh

Besides, Kerry has been all over this issue as well. He voted to confirm Justice Scalia in 1986, saying, "I support him not because he is liberal or conservative, but because he is a legal scholar of distinction, principle and of integrity."

Then for the next decade and a half Kerry voted against originalist judges, such as Robert Bork. He applied a de facto litmus test against judges believed to be pro-life, irrespective of whether they would have rolled back Roe v. Wade. Yet during the primary campaign he explicitly denied that he would apply a pro-choice litmus test.

This is just another one of Kerry's specious distinctions without a difference. He would vote only to confirm those justices who would uphold Roe v. Wade (and even partial birth abortion), but would not apply a litmus test? Empty words, signifying nothing.

Even more disturbing was Kerry's repeated assertion that life begins at conception but it's not his place to legislate his moral beliefs on the rest of the nation. "But as a president, I have to represent all the people in the nation."

Does this mean we can't pass laws against murder, stealing, rape, slavery or pedophilia, because they are grounded in morality -- or because not everyone -- every last one -- agrees?

No, and we couldn't define marriage as between a man and a woman or expand it to include same-sex unions for that matter. Both positions are based on morality. Essentially, under Senator Kerry's incoherent formulation, we'd almost have to settle for anarchy -- no laws at all.

But don't worry. Kerry doesn't believe that. He believes in laws based on morality -- his version of it -- or that of his supporters. And while his positions on judicial appointment and abortion seem as discombobulated as his policies on Iraq, he knows where he stands. He just can't always afford to tell us.

But be assured of this: He most certainly would appoint unabashed judicial activists of a politically liberal stripe who are personally pro-choice and would continue to protect abortion as a constitutional right (privacy). Anything he says to the contrary is smoke and mirrors.

David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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