Women's Issues in the Debate

Presidential Debate 1 Excerpt: Abortion and the Supreme Court

These comments are slightly edited for clarity. For the unedited transcript of these comments see the abortion transcript on this site, or the complete debate transcript from CSpan.

MR LEHRER: Governor Bush, if elected president, would you try to overturn the FDA's approval last week of the abortion pill, RU-486?

 

I think what the next
president ought to do is
to promote a culture of
life in America

Governor Bush

I don't think a president can do that. I was disappointed in the ruling because I think abortions ought to be more rare in America. And I'm worried that that pill will create more abortion -- will cause more people to have abortions.

This is a very important topic and it's a very sensitive topic because a lot of good people disagree on the issue. I think what the next president ought to do is to promote a culture of life in America -- as the life of the elderly and the life of those living all across the country, life of the unborn. As a matter of fact, I think a noble goal for this country is that every child born and unborn ought to be protected in law and welcomed in life. But I know we've got to change a lot of minds before we get there in America. What I do believe is we can find good common ground on issues like parental notification or parental consent, and I know we need to ban partial-birth abortions. This is a place where my opponent and I have strong disagreements. I believe banning partial-birth abortion would be a positive step toward reducing the number of abortions in America.

This is an issue that's going to require a new attitude. We've been battling over abortion for a long period of time. Surely this nation can come together to promote the value of life. Surely we can fight off these laws that will encourage to -- to allow doctors to take the lives of our seniors. Surely we can work together to create a culture of life so some of these youngsters who feel like they can take a neighbor's life with a gun will understand that that's not the way America is meant to be. And surely we can find common ground to reduce the number of abortions in America.

As to the drug itself, I mentioned I was disappointed. I hope -- and I -- I hope the FDA took its time to make sure that American women will be safe who use this drug.

 

The main issue is
whether or not the
Roe v. Wade decision's
going to be overturned.

Vice President Gore

Well, Jim, the FDA took 12 years, and I do support that decision. They determined it was medically safe for the women who use that drug.

Now this is indeed a very important issue. First of all, on the issue of partial-birth or so-called late-term abortion, I would sign a law banning that procedure, provided that doctors have the ability to save a woman's life or to act if her health is severely at risk.

And that's not the main issue. The main issue is whether or not the Roe v. Wade decision's going to be overturned. I support a woman's right to choose. My opponent does not. It is important, because next president is going to appoint three, maybe even four justices of the Supreme Court. And Governor Bush has declared to the anti-choice groups that he will appoint justices in the mold of Scalia and Clarence Thomas, who are known for being the most vigorous opponents of a woman's right to choose.

Here's the difference: He trusts the government to order a woman to do what it thinks she ought to do. I trust women to make the decisions that affect their lives, their destinies, and their bodies. And I think a woman's right to choose ought to be protected and defended.

 

MR. LEHRER: Governor, we'll go to the Supreme Court question in a moment, but make sure I understand your position on RU-486. If you're elected president, will you, not through appointments to the FDA -- you won't support legislation to overturn this?

 

Governor Bush

I don't -- I don't think a president can unilaterally overturn it. I think the FDA's made its decision. ... I think once the decision's made, it's been made. Now -- unless it's proven to be unsafe to women.

Vice President Gore

Well, Jim, you know, the question you asked, if I heard you correctly, was would he support legislation to overturn it. And if I heard the statement the day before yesterday, you said you would order -- he said he would order his FDA appointee to review the decision. Now, that sounds to me a little bit different. And I just think that we ought to support the decision.

Governor Bush

I said I would make sure that -- that women would be safe who used the -- used the drug.

 

MR. LEHRER: All right. On the Supreme Court question, should a voter assume that all judicial appointments you make to the Supreme Court, or any other court, federal court, will also be pro-life?

 

I don't believe in liberal,
activist judges; I believe
in strict constructionists

Governor Bush

Voters should assume that I have no litmus test on that issue or any other issue. But the voters will know I'll put competent judges on the bench, people who will strictly interpret the Constitution and will not use the bench to write social policy. And that's going to be a big difference between my opponent and me.

I believe that -- I believe that the judges ought not to take the place of the legislative branch of government; that they're appointed for life, and that they ought to look at the Constitution as sacred. They shouldn't misuse their bench. I don't believe in liberal, activist judges; I believe in strict constructionists, and those are the kind of judges I will appoint.

I've named four Supreme Court judges in the State of Texas, and I would ask the people to check out their qualifications, their deliberations. They're good solid men and women who have made good sound judgments on behalf of the people of Texas.

 

[The right to choose]
is on the ballot
in this election

Vice President Gore

Both of us use similar language to reach an exactly opposite outcome. I don't favor litmus tests. But I know that there are ways to assess how a potential justice interprets the Constitution. And in my view, the Constitution ought to be interpreted as a document that grows with the -- with our country and our history.

And I believe, for example, that there is a right of privacy in the Fourth Amendment. And when the phrase "strict constructionist" is used, and when the names of Scalia and Thomas are used as benchmarks for who would be appointed, those are code words, and nobody should mistake this, for saying that the governor would appoint people who would overturn Roe v. Wade. I mean, it's very clear to me. And I would appoint people who have a philosophy that I think would make it quite likely that they would uphold Roe v. Wade.

It would be very likely that they'd uphold Roe v. Wade. But I do believe it's wrong to use a litmus test. But -- (laughs) -- if you look at the history of a lower court judge's rulings, you can get a pretty good idea of how they're going to interpret questions. Now, a lot of questions are a first impression, and these questions that have been seen many times come up in a new context. And so -- but, you know, this is a very important issue because a lot of young women in this country take this right for granted, and it could be lost. It is on the ballot in this election, make no mistake about it.

Governor Bush

I'll tell you what kind of judges he'll put on there. He'll put liberal, activist judges who will use their bench to subvert the legislature, that's what he'll do.

Vice President Gore

That's not right.

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