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By Kathleen Gilbert

WASHINGTON, D.C., May 15, 2009 (LifeSiteNews.com) – Sen. Jeff Sessions, the new top Republican on the Senate Judiciary Committee, has said that he would not necessarily oppose a “pro-choice” or openly homosexual Supreme Court nominee.

As anticipation grows over whom President Obama will choose to replace Supreme Court Justice David Souter, who retires in June, Sen. Sessions (R-Ala.) has said repeatedly that he would not resort to “litmus tests” of abortion advocacy or sexual orientation in vetting a nominee.  Instead, Sessions said, he would weigh the candidate’s fidelity to interpreting established law rather than creating it. 

As the Judiciary Committee minority leader, Sessions has the most weight among GOP senators in determining who fills the Supreme Court bench.

Last Thursday, FOX News host Neil Cavuto asked Sessions whether his approval for Obama’s Supreme Court pick “comes down to abortion, – or, certainly, that is a major issue, will it be? Is there that supposed litmus test to these picks?”

Sessions responded, “I don’t believe in any litmus tests.  I think a judge can have a different view on abortion than I would have and still could be – receive my vote.”

Cavuto asked, “does that mean that a pro-choice candidate could receive your vote?”  The GOP senator replied, “Yes, but I would like to know how they analyze the logic behind Roe versus Wade and whether or not they feel that they have some sort of power to just amend the language to maybe conduct some other agenda that they would favor.

“So the question would be whether they are an activist or not,” said Sessions.  “A person can disagree with me on a lot of things, but if they are faithful to the law, then we can get along pretty well.”

While Sessions had told FOX News that Americans “might feel uneasy about” the election of an openly homosexual judge, and that it could be a “big concern,” he later told reporters, “I can vote for a gay nominee – we’ll just have to see.”

“I think the primary thing is that a nominee show fidelity to the law and that they not have any agendas, personal, social, religious or otherwise that would keep them for being faithful to the legal system of America,” he said.

President Obama is likely to announce his selection sometime after the Supreme Court’s session adjourns in June.

See related LifeSiteNews.com coverage:

U.S. Supreme Court Justice Souter to Leave Open Seat in June
https://www.lifesitenews.com/ldn/2009/may/09050102.html

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