2008 third presidential debate, in New York: on Abortion

Barack Obama: No litmus test; nominate to Court based on their fairness

McCAIN: I would never, and have never in all the years I’ve been there, imposed a litmus test on any nominee to the Court. That’s not appropriate to do.

OBAMA: Well, I think it’s true that we shouldn’t apply a strict litmus test and the most important thing in any judge is their capacity to provide fairness and justice to the American people. And it is true that this is going to be, I think, one of the most consequential decisions of the next president. It is very likely that one of us will be making at least one and probably more than one appointments and Roe vs. Wade probably hangs in the balance. 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.

Barack Obama: Opposed born-alive treatment law because it was already law

OBAMA: If it sounds incredible that I would vote to withhold lifesaving treatment from an infant, that’s because it’s not true. There was a bill that said you have to provide lifesaving treatment. The fact is that there was already a law on the books in Illinois that required providing lifesaving treatment, which is why not only myself but pro-choice Republicans and Democrats voted against it. With respect to partial-birth abortion, I am completely supportive of a ban on late-term abortions, as long as there’s an exception for the mother’s health and life, and this bill did not contain that exception

John McCain: I’ve never imposed a litmus test on Supreme Court nominees

McCAIN: I would never, and have never in all the years I’ve been there, imposed a litmus test on any nominee to the Court. That’s not appropriate to do.

Q: But you don’t want Roe v. Wade to be overturned?

McCAIN: I thought it was a bad decision. I think that decision should rest in the hands of the states. I’m a federalist. And I believe strongly that we should have nominees to the Supreme Court based on their qualifications rather than any litmus test. They should be judged on their qualifications. I will find the best people in America who have a history of strict adherence to the Constitution. And not legislating from the bench.

Q: Even if it was someone who had a history of being for abortion rights?

McCAIN: I would consider anyone on their qualifications. Someone who has supported Roe v. Wade, that would be part of those qualifications. But I certainly would not impose any litmus test.

John McCain: Obama voted no on partial-birth ban & born-alive treatment

OBAMA: If it sounds incredible that I would vote to withhold lifesaving treatment from an infant, that’s because it’s not true. There was a bill that said you have to provide lifesaving treatment. The fact is that there was already a law on the books in Illinois that required providing lifesaving treatment, which is why not only myself but pro-choice Republicans and Democrats voted against it. With respect to partial-birth abortion, I am completely supportive of a ban on late-term abortions, as long as there’s an exception for the mother’s health and life, and this bill did not contain that exception