Bench Memos

NRO’s home for judicial news and analysis.

Go Figure


George Washington Law School Professor Orin Kerr reports on a Rasmussen poll which measured the differences between how McCain supporters and Obama supporters view the role of the Supreme Court. 

The survey of 1,000 likely voters asked the following question:  “Should the Supreme Court make decisions based on what’s written in the Constitution and legal precedents or should it be guided mostly by a sense of fairness and justice?”
The results show that  “While 82% of voters who support McCain believe the justices should rule on what is in the Constitution, just 29% of Barack Obama’s supporters agree. Just 11% of McCain supporters say judges should rule based on the judge’s sense of fairness, while nearly half (49%) of Obama supporters agree.”

As Professor Kerr sums it up: “The take-away: McCain supporters care about the Constitution and the rule of law, while Obama supporters, well, not so much”.

Now throw into the mix Ed Whelan’s link to Jeffrey Rosen’s glad news that the Democratic ticket is chock-full of constitutional law professors: both Obama and Biden have taught the subject in law schools.

Then comes the question: do these constitutional law professors care any more about the Constitution than their supporters do?


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