MR. COOPER: If Roe v. Wade was returned, Congress passed a federal ban on all abortions, and it came to your desk, would you sign it? Yes or no.
MR. GIULIANI: I probably would not sign it. I would leave it to the states to make that decision. (Applause.) I think that that -- I think -- look, the problem with Roe against Wade is that it took the decision away from the state. If Roe against Wade -- if Roe against Wade were overturned because it was poorly decided, if the justices decide that, it would then go back to the states, and it would seem to me that that would be the answer. The answer is that each state would make a different decision.
I don't believe, in the circumstance that you asked before, that it should be criminalized. I think that would be a mistake, unless we're talking about partial-birth abortion or late-term abortion.
This manages to make even less sense than the general abortion federalism position. It's a state issue unless it's late-term? Why would that be? I suppose this is politically smart terrain for Rudy to stake out, but it's terribly incoherent on the merits.
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