Redstate

Posted at 11:49am on May 9, 2008 Obama on judges

Protecting the Powerless?

By Feddie

Here is Senator Obama describing what he will look for in a judge if elected president:

[W]hat I do want is a judge who is sympathetic enough to those who are on the outside, those who are vulnerable, those who are powerless, those who can't have access to political power and as a consequence can't protect themselves from being being dealt with sometimes unfairly, that the courts become a refuge for justice. That's been its historic role. That was its role in Brown v Board of Education.

Except for unborn babies, of course.

Those, you can kill with impunity (even after they're born).

UPDATE (Dan McLaughlin): San Diego Union-Tribune cartoonist Steve Breen made this same point with a cartoon worth a thousand words during the Alito hearings:

Cartoon below the fold...

Posted in Abortion | Judicial Activism | Judicial Appointments | Life Issues — Comments (47)/ Email this page » / Read More »

Posted at 3:24pm on May 8, 2008 Senator McCain and Judicial Appointments

By Rep. Tom Feeney

Over the last half of this century, the United States Supreme Court has frequently elected to decide what the law should be rather than what the law actually is. Through routine applications of substantive due process and an expansive reading of the Commerce Clause, the Court has elected to form the contours of American law from the bench rather than deferring to Congress and the States.

While The Supreme Court must review legislation through the lens of constitutionality, the role of our courts is to say what the law is, not what it should be. If the Court feels that a piece of legislation does not pass constitutional muster, then it may require the originating legislative body to make a second effort to comply or render the law inoperable. The Court should not make determinations of policy or social issues that are properly left to the consideration of publicly elected officials.

When the Court strays from strictly interpreting the law and the Constitution, we are left with abortions at a whim, brutal murderers receiving reduced penalties, and private property being seized by state and local governments for private commercial gain.

Earlier this week, Senator John McCain pledged that his judicial appointments would have "a proven record of excellence in the law, and a proven commitment to judicial restraint." As we approach the coming election, we must have leaders that are dedicated to upholding the rule of law and finding judicial nominees that are able to exercise the kind of restraint that Senator McCain promotes.

Senator McCain recognizes that the real and desired activism in our country is democratic rather than judicial. As Senator McCain mentioned, "Real activists seek to make their case democratically – to win hearts, minds, and majorities to their cause." Americans have a duty to be involved in the political process, to make their opinions heard by their elected officials, and to vote for candidates that reflect their values.

If our next President nominates activist judges to force an agenda that could not otherwise garner the approval of the people, he will betray the trust and silence the voice of the very people who put him in office.

Posted in 2008 | John McCain | Judicial Appointments — Comments (12)/ Email this page » / Read More »