Obama's Supreme Court Nominees

Jennifer Rubin, a contributor to Pajamas media (Roger Kimball's weblog) investigates the Obama's probable nominees and overall judicial philosophy. Herewith some highlights:

Judge as Social Worker:
Taken literally, Obama’s conceives the role of the courts as roving advocates of the poor and disadvantaged who will look, not to the text and meaning of the Constitution, but to their own ethics and values — presumably very left-leaning ones — to override statutes, executive branch actions, and the American people themselves.

Given that, one wonders if confirmation hearings for Obama judicial appointees should skip over questions of the law and focus on the appointees’ religious and ethical views, their childhood experiences, and even their record of charitable giving. How else will we know whether they are “sympathetic enough”?
Defending abortion:
On abortion, Obama is an absolutist. Last April, he took strong exception to the Supreme Court’s ruling upholding the federal Partial Birth Abortion Ban Act (which had passed the House 281-142 and the Senate 64 [including 16 Democrats] to 33).

This is not simply then someone who believes women should have the last say in deciding whether to have an abortion, but one who believes that the courts should entirely displace the view of huge congressional majorities and public opinion to discern, as Calabresi bluntly puts it, “a constitutional right to dismember babies in a painful and somewhat violent way.” There is virtually no regulation or limit on abortion which Obama would likely find acceptable.
And perhaps the most important - the significance of his judges:
These issues and many others are not mere academic exercises. Under the next president, nearly 200 lower courts, which are in essence the “minor leagues” for future Supreme Court appointments, will be filled. And of course the entire Supreme Court could be refashioned.

We know from Obama’s vote (one of only 22) opposing the confirmation of now-Chief Justice Roberts that Obama will not be content to appoint a highly regarded Supreme Court advocate and judge. He apparently wants no part of a judge whose judicial philosophy can be summed up as: “Judges are like umpires. Umpires don’t make the rules, they apply them.” We’ve seen repeatedly that Obama wants, not a referee, but a tenth man on the field — or rather one who always joins the team currently behind on the scoreboard.
It's all worth reading, check it out here.

1 comment:

James H said...

I hope people wake up to this