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Bench Memos

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Obama and the Supreme Court



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On NRO’s home page today is my essay, “Obama and the Supreme Court:  What’s really at stake”.  I explain there that the current Supreme Court urgently needs to be improved in the direction of judicial restraint and that a President Obama would drive the Court in the wrong direction.  A few excerpts:

If America’s citizens care to wake up and pay attention before they elect as president a sweet-talking, moderate-posing left-wing ideologue with a history of alliances with anti-American radicals, one of the several matters they ought to think seriously about is the future of the Supreme Court. Simply put, the survival of the historic American experiment in representative government will be in serious jeopardy if Barack Obama is our next president….
If we look to the future and take seriously the positions and principles that the five living-constitutionalists have already adopted, the Court, as it is now composed, may very well have five votes for, say, the imposition of a federal constitutional right to same-sex marriage, five votes for stripping “under God” out of the Pledge of Allegiance and for complete secularization of the public square, five votes for continuing to abolish the death penalty on the installment plan, five votes for selectively importing into the Court’s interpretation of the American Constitution the favored policies of Europe’s leftist elites, five votes for further judicial micromanagement of the government’s war powers, and five votes for the invention of a constitutional right to human cloning….
Obama’s supporters are clamoring for “liberal lions” who will redefine the Constitution as a left-wing goodies bag, and a look at some of their leading contenders, like Yale law school dean Harold Koh (champion of judicial transnationalism and transgenderism), Massaschusetts governor Deval Patrick (a racialist extremist and judicial supremacist), and law professor Cass Sunstein (advocate of judicial invention of a “second Bill of Rights” on welfare, employment, and other Nanny State mandates), shows that there is lots of room for Obama’s nominees to be even worse than Ginsburg and Breyer.

Tags: Whelan


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