Giuliani and McCain Agree on Supreme Court’s Ruling

ABC News’ Jake Tapper and Jan Simmonds Report: Mayor Rudy Giuliani, R-N.Y., the GOP presidential candidate leading the polls despite his support for abortion rights, said on Wednesday in a statement that he agrees with the Supreme Court’s ruling to uphold the Congressional ban on a procedure abortion opponents term "partial birth abortion".

In a brief statement, Giuliani said, "The Supreme Court reached the correct conclusion in upholding the congressional ban on partial birth abortion. I agree with it."

This was a contradiction with statements Giuliani made in 2000 during an appearance on NBC’s Meet the Press with Tim Russert. Giuliani said then that if here were a senator, he would "vote to preserve the option for women. I think that choice is a very difficult one. It’s a very, very — it’s one in which people of conscience have very, very different opinions. I think the better thing for America to do is to leave that choice to the woman, because it affects her probably more than anyone else."

Earlier this year, Giuliani said he supported the ban as long as it had a provision to preserve the life of the mother (which this federal ban does.)

Giuliani told Fox News’ Sean Hannity that he believed the Supreme Court would uphold some of the limitations certain states have on when abortions are legal and warranted. As for partial-birth abortions, Giuliani said, "I think that’s going to be upheld. I think that ban’s going to be upheld. I think it should be. And I think, as long as there’s provision for the life of the mother, then that’s something that should be done."

In contrast though, Sen. John McCain, R-Ariz., who is gaining momentum in the polls behind Giuliani said, "Today’s Supreme Court ruling is a victory for those who cherish the sanctity of life and integrity of the judiciary. The ruling ensures that an unacceptable and unjustifiable practice will not be carried out on our innocent children."

McCain, who has said that if elected president, he would nominate justices who strictly interpret the law of the Constitution. In his statement, McCain said, "It also clearly speaks to the importance of nominating and confirming strict constructionist judges who interpret the law as it is written, and do not usurp the authority of Congress and state legislatures." He concluded by saying, "As we move forward, it is critically important that our party continues to stand on the side of life."