By Steven G. Calabresi at the Wall Street Journal:
On the Supreme Court, six of the current nine justices will be 70 years old or older on January 20, 2009. There is a widespread expectation that the next president could make four appointments in just his first term, with maybe two more in a second term. Here too we are poised for heavy change.
These numbers ought to raise serious concern because of Mr. Obama‘s extreme left-wing views about the role of judges. He believes — and he is quite open about this — that judges ought to decide cases in light of the empathy they ought to feel for the little guy in any lawsuit.
Speaking in July 2007 at a conference of Planned Parenthood, he said: “[W]e need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges.”
This raises the question of whether Mr. Obama can in good faith take the presidential oath to “preserve, protect, and defend the Constitution” as he must do if he is to take office. Does Mr. Obama support the Constitution as it is written, or does he support amendments to guarantee welfare? Is his provision of a “tax cut” to millions of Americans who currently pay no taxes merely a foreshadowing of constitutional rights to welfare, health care, Social Security, vacation time and the redistribution of wealth? Perhaps the candidate ought to be asked to answer these questions before the election rather than after.
Every new federal judge has been required by federal law to take an oath of office in which he swears that he will “administer justice without respect to persons, and do equal right to the poor and to the rich.” Mr. Obama’s emphasis on empathy in essence requires the appointment of judges committed in advance to violating this oath. To the traditional view of justice as a blindfolded person weighing legal claims fairly on a scale, he wants to tear the blindfold off, so the judge can rule for the party he empathizes with most.
Nothing less than the very idea of liberty and the rule of law are at stake in this election. We should not let Mr. Obama replace justice with empathy in our nation’s courtrooms.
This is the change The Chosen One™ wants you to believe in.
Calabresi, Supreme Court, Obama, left-wing, Constitution
1 response so far ↓
1 Linz // Nov 2, 2008 at 12:07 pm
The law is blind to race, color, religion, sex, social status, height, weight, age, education level, sexual orientation, relationship status, and disability. Or, at least, it’s supposed to be. We’re so screwed.