Thursday, October 30, 2008

Obama and the Supreme Court -- from "living constitution" to monster constitution

October 30, 2008 Posted by Paul at 8:12 PM | Powerline

Ed Whelan takes a look at the consequences of an Obama victory for the Supreme Court. The consequences aren't pretty.

Some conservatives downplay the likely impact of an Obama victory, noting that the judges he is most likely to replace are liberal devotees of a "living Constitution." Whelan has several responses.

First, the Court needs to improve and can't unless McCain wins. In Whelan's view, with the Court as it is now constituted there may very well be "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."

the courts under Obama

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