Can you say "litmus test"?

Matthew Hoy
By Matthew Hoy on January 8, 2004

Well, if you're a Democrat, probably not. Democrat President hopeful Wesley Clark told the Manchester, N.H., Union-Leader that anyone who holds pro-life views need not apply for appointment to the federal bench -- but that's not a litmus test.

Clark was asked if would appoint or reject a prospective judicial nominee who passed all of Clark’s criteria but happened to be known as pro-life.

“I don’t know,” he said. “It would depend. I don’t have litmus tests. I want a guy who will do judicial precedent.”

But following the interview, Clark telephoned a reporter to clarify.

“I’m not going to be appointing judges who are pro-life,” he said.

Asked again how he will know a nominee’s position on abortion without applying a litmus test, Clark said:

“You just work through what the judge has done and if you find guys who follow judicial and established precedent, you’re not going to find a judge who is pro-life.”

Of course, Clark isn't the only Democrat who's ever had a problem with applying a litmus test on judges, but refusing to call it a litmus test.

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