Nov. 15 Democratic debate transcript
Biden: Do you want me to answer your question? I will answer both. Answer your question first.
Your question first. I've provided over more Supreme Court justices than anyone in American history -- number one.
Number two, I have taken on those justices who, in fact, show no balance -- they are ideologues. We have enough ideologues. We have enough professors on the bench.
I want someone who ran for dog catcher. I want someone -- literally, not a joke. When Hillary's husband asked me for his advice when he was appointing people, I wanted to go to people and so did he -- we couldn't. Four people turned it down.
We wanted to get someone who, in fact, knew what it was to live life. Knew what it was -- not as some intellectual feat.
And by the way, the next person that is appointed in a Biden administration is going to be a woman. We don't have enough women on the bench, number one.
Number two, to Suzanne Malveaux's question, I would not appoint anyone who did not understand that Section 5 of the 14th Amendment and the liberty clause of the 14th Amendment provided a right to privacy. That is the question I would ask. If that is answered correctly, that that is the case, then it answers the question, which means they would support Roe v. Wade.
Blitzer: Let's go down the whole panel, and if you could give me a short yes or no, would you insist on a Supreme Court nominee supporting abortion?
Richardson: I would have diversity as a prime criteria, but I would also ask my nominee, this is what I would ask. Number one, do you believe Roe v. Wade is settled law? Number two, do you support the right to privacy? Number three, do you support civil rights? Number four, do you support what you asked -- education, school equalization?
If the answer is no to those questions, that basically say, is it settled law or not -- you want to call it a litmus test, fine -- those would be the judges that I would appoint to the Supreme Court.
Blitzer: Thank you, Governor.
Congressman?
Kucinich: A Kucinich appointment to the Supreme Court would have a litmus test on abortion. It's a question of a woman's right to choose and a right to privacy.
But a president has to do more than that. A president has to be a healer. And this has been one of the great divides in our country. And so I want to let the American people know that I'll stand for prenatal care, postnatal care, child care, a living wage, universal health care, sex education, birth control...
Blitzer: All right.
Kucinich: We can make abortions less necessary if we have a healer in the White House. And we can also protect a woman's right to choose. We can do both.
Blitzer: Thank you, Congressman.
Senator Clinton?
Senator Clinton, would this be a sine qua non for you that any nominee you name to the Supreme Court would have to share your view on abortion?
Clinton: Well, they'd have to share my view about privacy, and I think that goes hand-in-hand. Privacy, in my opinion, is embedded in our Constitution. What does it mean to have a right to free speech or the right to worship as you choose if you also don't have the right to be left alone, to have that privacy that goes with being an American.
So it would be absolutely critical. And I, like Senator Biden...
Blitzer: So the answer is yes.
Clinton: Yes, the answer is yes.
Blitzer: OK, all right.
Clinton: But I just want to say, Senator Biden really deserves a lot of plaudits because he knows this issue forwards and backwards, and I think it's important to have a president who understands the intricate connections of our branches of government and the Constitution.
I think that's one of the great tragedies of George Bush's presidency, is he didn't really understand the way our government was supposed to work.
Blitzer: Thank you.
Senator Obama, you used to be a professor of law.
Obama: I would not appoint somebody who doesn't believe in the right to privacy. But you're right, Wolf. I taught constitutional law for 10 years, and when you look at what makes a great Supreme Court justice, it's not just the particular issue and how they ruled. But it's their conception of the court.
And part of the role of the court is that it is going to protect people who may be vulnerable in the political process, the outsider, the minority, those who are vulnerable, those who don't have a lot of clout. And part of what I want to find in a Supreme Court justice -- and Joe's exactly right. Sometimes we're only looking at academics or people who've been in the courts.
If we can find people who have life experience, and they understand what it means to be on the outside, what it means to have the system not work for them, that's the kind of person I want on the Supreme Court.
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