Two-thirds of the way into the debate, Schieffer stated, "Sen. McCain, you believe Roe v. Wade should be overturned. Sen. Obama, you believe it shouldn't. Could either of you ever nominate someone to the Supreme Court who disagrees with you on this issue? Sen. McCain?"
As he had indicated in the past, McCain said that he would not impose a litmus test when selecting a Supreme Court nominee, stressing that he would "find the best people in the world -- in the United States of America who have a history of strict adherence to the Constitution. And not legislating from the bench."
When Schieffer pressed the issue with a follow up question, asking, "But even if it was someone -- even someone who had a history of being for abortion rights, you would consider them?" McCain took two steps back with his answer: "I would consider anyone in their qualifications. I do not believe that someone who has supported Roe v. Wade that would be part of those qualifications. But I certainly would not impose any litmus test."
In his response to the same question, Obama echoed McCain's denial of a litmus test for Supreme Court nominees but was clear in his commitment to uphold Roe v. Wade: "I am somebody who believes that Roe versus Wade was rightly decided. I think that abortion is a very difficult issue and it is a moral issue....But what ultimately I believe is that women in consultation with their families, their doctors, their religious advisers, are in the best position to make this decision. And I think that the Constitution has a right to privacy in it that shouldn't be subject to state referendum....I will look for those judges who have an outstanding judicial record, who have the intellect, and who hopefully have a sense of what real-world folks are going through."
