Mr. President, I certainly respect my colleague from Iowa. Like him, my views on the issue of abortion are very decidedly pro- life, and I too disagree with the decision in Roe v. Wade. I agree with him that many legal scholars believe that decision rests on very shaky legal grounds. But I would say this about Andrew Hurwitz, the nominee who will be before us: Never in any decision he has rendered as a member of the Arizona Supreme Court has anybody I know believed he let his personal views, his personal philosophic or political views determine his judicial rulings. To the contrary, everyone with whom I have spoken, and to the degree I have been able to study his career of about a decade on the Arizona Supreme Court, it is remarkably free of the kind of politics that sometimes infuses judicial decisionmaking. His opinions are well considered, based on the law, well written, and generally a part of a consensus court. There are both Republicans and Democrats on the Arizona Supreme Court, and Justice Hurwitz is usually with his other colleagues on the court in deciding these matters. I think it is unfair to an extent that because he wrote a Law Review article several years ago in which one can assume he expressed a pro- choice point of view that therefore somehow he would be disqualified from serving on the Ninth Circuit Court of Appeals. In fact, here is some breaking news: President Obama nominates pro-choice candidates to courts. Obviously, I am being facetious.…
On the recordJune 11, 2012
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