Obama Judges

The issue of judicial philosophy has been mostly overlooked in this campaign, but the differences between the two candidates are stark: Obama has the most left-wing position of any presidential candidate in U.S. history.

Obama has said he would appoint Supreme Court justices like Ruth Bader Ginsburg and David Souter, two of the most liberal judges ever to serve on the Court. (Before her appointment, Ginsburg had served as general counsel of the American Civil Liberties Union, and as a member of the ACLU Board of Directors.) He openly criticized Justice Clarence Thomas. He said he would never appoint someone like Justice Antonin Scalia. He voted against both Chief Justice John Roberts and Justice Sam Alito during their Senate confirmations.

The dramatic differences between McCain and Obama on judges go all the way to the most basic questions. McCain has taken the conservative view (called strict constructionism) that judges should apply the law and Constitution as written. A conservative judge will do this without regard to his policy preferences. Liberal judges, by contrast, are activists who make up laws from the bench, regardless of what the written law or Constitution actually says.

Obama has said quite explicitly that judges should look at the social impact of their rulings, not just the law as written. He has said he would appoint judges who, beyond objective legal expertise, would have empathy in their rulings for an unwed pregnant teenager, or a gay man suffering from AIDS, or a homeless woman with nowhere else to turn.

Obama would replace retiring Reagan and Bush I appointees with ACLU zombies...

[think of Kelo and Boumediene decisions, to name just two demonstrably insane rulings - add our current practice of assigning the demi-gods to life-long positions, and this issue will likely effect your children's children]

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