Obama on judges

Protecting the Powerless?

By Feddie Posted in | | | Comments (47) / Email this page » / Leave a comment »

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...

NOW hates women who fail to have abortionsComments (53) »
Obama on judges 47 Comments (0 topical, 47 editorial, 0 hidden) Post a comment »
Me too by Feddie

My point is that Obama isn't even being consistent within the parameters of his own stated judicial philosophy.
__________________________________________________

The blogger formerly known as "Alexham"

Oh, I agree. by rstreu

I've just come to accept (unfortunately) that utter hypocracy is but a plank in the Dem platform.
.

In fairness to Obama, he did say "those who are on the outside."

Unborn fetuses aren't on the outside. They're inside. :-)

It was Obama's favored justices who provided avenues for "those citizens with dis-proportionate influence and power in the political process, including large corporations and development firms to victimize the weak." That coming from Thomas' dissent in Kelo.

So long as Obama champions justices who support taking private property from individuals just so the state can gather more tax revenue, nothing he says about fighting for the little guy can be taken seriously.

This is a joke.

-Ben

I'm sure he is more explicit about that in front of his dear "people powered" netroot friends in San Francisco, i.e. their priority with the Court is his priority. But, curiously, he is a bit more circumspect in national interviews?

Imagine this headline:

6-Feb-2009 (AP): President Obama and Senator Leahy reach accord on expedited confirmation of judicial nominees.

I'd rather not.

----JUST ANOTHER----
Descriptive text here

"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill

all the partying once they capture both the White House and the Congress, both under the thumb of their dominant left wing.

Some of the ideologues on the right surmise that Satan never sleeps. Of course he does, until 11AM or so on most days. He can afford to. The puritannical do a lot of his work for him.

or one who can interpret the law as written and passed and apply it fairly?

Based on his statement, it's safe to say that Sen. Obama doesn't care about the Constitution.

It is rather telling by RedFox84

That in that nicely parsed (and INSPIRATIONAL) statement, that he didn't even say the word 'Constitution' once.

Not all SCOTUS by The Default Attorney

cases involve the Constitution.

No, but most of the rest by Dan McLaughlin

involve interpreting other legal documents (e.g., statutes) setting forth the terms upon which the People, through their elected representatives, have chosen to cede some authority to particular organs of government. And in all cases, Obama is looking for judges who will disregard the terms of those agreements.

"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill

I'm not sure how you get by The Default Attorney

"disregard a statute" from "sympathetic to the vulnerable." I don't think (I hope he isn't) he is suggesting that a judge disregard the law, he is saying he wants judges to be sensitive to those outside of the process. While not relevant to every inquiry, to be sure, it definitely could be relevant in constitutional cases, such as those involving equal protection/due process/first amendment challenges.

and moderates, who have labored faithfully to reign in the outrageous power grab of Roe v. Wade, a power grab in the service of such dubious morality, whether one is religious or not.

He must not prevail.

----JUST ANOTHER----

Not Obama by sinz52

It's Bush, his failures and his fecklessness, who has undone the work of a generation of conservatives. By discrediting conservatism in the eyes of the public.

Bush has made Obama possible.

Just like Jimmy Carter made Reagan possible--and just like how Carter finally discredited New Deal liberalism.

...I'd recommend the newbie Senator do less reading of Marx and more reading of P.J. O'Rourke...

"I've got a 10-year-old at home. She's always saying, 'That's not fair.' When she says this, I say, 'Honey, you're cute. That's not fair. Your family is pretty well off. That's not fair. You were born in America. That's not fair. Darling, you had better pray to God that things don't start getting fair for you.'"

--
"We want great men who, when fortune frowns, will not be discouraged." - Colonel Henry Knox

that explains quite a bit by E Pluribus Unum

Wouldn't trouble yourself to check into Willima F Buckley, Russell Kirk, or Barry Goldwater. That might lead to some uncomfortable thoughts.

Unfair. Unbalanced. Unmedicated. -- IMAO

A joke about P.J. O'Rourke is enough to reawaken your snit? You should learn to lighten up, lest you start feeling tempted to apply for the next opening at the Wymyn's Studies Department.

typical by E Pluribus Unum

when somebody drives the lane and dunks on you at will, they're always in a snit. But you get your panties in a wad and go on lengthy lectures positing that us mean, condescending, wascally people who actually study the great conservative philosophers have to stand aside for your wikipedia pick-n-choose low-commitment buffet-style 'conservatism' - well, that's not a snit, that's just being clever.

Right about the middle of the pool, there's a rope that runs across. About where it starts getting hard to keep your feet touching on the bottom. Just friendly advice - if you stay on that side, you don't get in over your head.

Thank God you haven't been visiting in my Conservatism School diary. I'm about the nicest guy over there.

Unfair. Unbalanced. Unmedicated. -- IMAO

... when you're hopefully not in an agitated state. Then ask yourself who's point about a snit it actually supports.

Even this you misrepresent by E Pluribus Unum

Look in the mirror, pal.

Tata.

Unfair. Unbalanced. Unmedicated. -- IMAO

he may have been conceding. Who knows.

Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson

Mike - for your amusement.... by E Pluribus Unum

Start here, and read the next 4.

But HEY, that PJ Roarke, now HE's something.

Unfair. Unbalanced. Unmedicated. -- IMAO

come on now by kyle8

You put Rush in that group? I don't think he would put himself there. He is a good communicator yes, but not a philosopher.

Russel Kirk, William Buckley, Whittaker Chambers, Thomas Sowell, Milton Friedman, and Ronald Reagan Himself(especially Reagan in his own hand). These are the men that every person should read.

"Nothing works like freedom, Nothing succeeds like liberty"
Kyle

WFB reached to mentor Rush when Rush moved to NYC and went national.

I'm not sure if WFB or Reagan are philosophers. People don't get paid to be philosophers.

But you may have a point.

nitpicker

smile

Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson

that Limbaugh was a person of more than slightly above average intelligence. I really do not think so, he is a clever person with good instincts, but not a deep thinker. When he is right he is right, but when he is wrong, he is horribly wrong, there is no level of subtlety in him.

"Nothing works like freedom, Nothing succeeds like liberty"
Kyle

curve, original in concepts and he has been so right about so many things since I started listening to him when I was dem in the early 90s. He was raised by smart parents and self taught himself better than any college could have. He read the main books at a later age, which has its advantages.

Does he have gaps in knowledge? yes

But he has the wisdom to admit it when he can't say. A perfect example was Friday when he told a caller that he did not understand the oil speculator markey very well.

Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson

we all have feet of clay.

"Nothing works like freedom, Nothing succeeds like liberty"
Kyle

We all do have feet of clay. Does that mean that nobody else should influence us?

I am as self-contained and self-directed as they come. It drives my wife crazy. I told her once that if she ever needed to convince me that I had a drug or alcohol problem (a pre-emptive discussion), she would need to enlist certain specific individuals in addition to her to convince me. Otherwise, there is no way that I would accept the conclusion.

There is nothing wrong with being influenced by others so long as that influence is not dispositive.

It is not enough to say "Rush says its good, so its good." But GC has never said that.

"Nothing works like freedom, Nothing succeeds like liberty"
Kyle

I was a liberal (at least on social issues and some others then - I wanted free sex) in the 90s. I had served as county dem party chair for two years. Mike Gallagher started his talk radio show in GSP on WORD-AM followed by Rush. I fell in love with talk radio.

I would watch live events/political speeches on C-Span. Then would watch/listen to CBS, NBC, CNN, ABC and the radio news reports.

Then would listen to Rush.

I noticed that only Rush seemed to even mention large portions of what i saw live on his program, parts that I deemed significant but that the MSM seemed to hide.

Rush would also play or read verbatim the lib's arguments.

Rush was not afraid of the whole truth.

I came to see that I and America had been lied to for decades by Walter Cronkite and his fake history.

Rush won the battle of ideas.

Most of predictions came true and he nailed the dems I knew behind the scenes.

God bless Rush.

Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson

to react to events everyday for 15 hrs a week for 19 years and have done so well.

His genius really shows when he makes TV appearences and you see the depth of his commentary vs the usual conventional non-wisdom of the usual talking heads.

Rush is Right.

Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson

Russel Kirk, William Buckley, Whittaker Chambers, Thomas Sowell, Milton Friedman, and Ronald Reagan are like the Team owners and general managers..Their job is to hire and fire coaches, add scouts or rid the team of malcontented players.

Rush is like the Coach...teaching the players and even their fellow coaches about Modern Conservatism, he also makes the Gameplan (op chaos) and has to handle the referees and even the coaches for the opposing team.

And he has the enormous responsibility to be a man of integrity. And he is.

"As the beacon and arsenal of liberty in the world we will always be the target of evil men, as we are all that stands in the way of a new dark age.'....gamecock

You've got the court stacked for a while. Roberts and Scalito aren't going anywhere for some time to come.

A majority takes 5 by Dan McLaughlin

And unless you count very differently from the rest of us, there are only 4 reliable votes for the view of the law that most conservatives share.

"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill

is so bad, she needs two strict constructionists just to balance her ideology.

"Nothing works like freedom, Nothing succeeds like liberty"
Kyle

..an incorrect (or at least incomplete) tack here. Simply focusing on abortion -- and that really only in passing linkage -- allows Obama to get away with the absolutely abhorrent misrepresentation of the actual purpose of judges and of the Courts that he offers in that statement.

As a ConLaw "professor," Obama has no excuse whatsoever for so grossly missing the mark with regard to what Judges' and Courts' purpose and bounds are.

No excuse.

Jeff-

Respectfully, I think I've been around the blogosphere long enough so that people generally know where I stand on constitutional interpretation. I don't feel the need to go on a Scaliaesque rant every time I post on a matter touching on judges or constitutional interpretation.

The point I wanted to emphasize with this post, as I noted above, is that Obama isn't even being consistent within the parameters of his own deeply-flawed judicial philosophy.

I appreciate that you wanted the post to go further though, and I assure you that I will be mocking Obama's penumbra-loving quite a bit between now and November. :)
__________________________________________________

The blogger formerly known as "Alexham"

But be it noted by E Pluribus Unum

that to have at least the merest challenge, you'll have to have thumb-cuffs on, be blindfolded, facing the other way, and have to skip to the tune of "Look For the Union Label" while shooting those frogs in a barrel.

Unfair. Unbalanced. Unmedicated. -- IMAO

Stevens-Age-88
Scalia-Age-72
Kennedy-Age-71
Souter-Age-68
Ginsburg-Age-75
Bryer-Age-69

Who ever is elected is likely to have at least 1 but I would guess 3 appointments in the first term. I just saw Scalia speaking on PBS and he looks good, but in the same show, Ginsburg and Stevens looked like they could fall over dead at any moment.

And if Obama has the opportunity to appoint to the SCOTUS more with equal or further left philosophies as Ginsburg then we in deed are in a bad position.

Now there's gonna be those five percent of cases or one percent of cases where the law isn't clear. And the judge has to then bring in his or her own perspectives, his ethics, his or her moral bearings...Making sure we maintain our separation of powers so we dont have a president who is taking over more and more power.

A SCOTUS and Congress that are collaborating as to what is the correct path destroys the equal power set forth in the constitution. Now is Sen. McCain would get that thru his mind and run a real, "I'm in it to win campaign", I could relax a bit.

_____________________________

It is the mark of an educated mind to be able to entertain a thought without accepting it.
--Aristotle

For the base, yes by sinz52

To motivate the conservative base, McCain has to make his differences with Obama on judicial philosophy clear.

But that's not going to make that much of a difference to the moderate voters that McCain is trying to reach out to, in order to win the election. The country is split right down the middle on abortion. If McCain runs a hard-right campaign staunchly opposing even RU-486, Federally funded embryonic stem cell research and all the rest of it, he's going to alienate the very voters he needs to win.

Polls show that Americans take a rather middle-course, common-sense approach to abortion: They favor some restrictions (such as on partial-birth abortion), but they do NOT favor total bans on it. And they are very much in favor of embryonic stem-cell research if it can cure serious diseases.

McCain's strategy has to be to marginalize Obama, to paint Obama as out of the mainstream. That means McCain can't afford to portray himself as an extremist on social issues either. Whoever can best define himself as "mainstream" will win this election. It cannot be won by the Karl Rove playbook of cobbling together just enough right-of-center voters to win an Electoral College majority. Because the GOP base has shrunk too much for that. Thanks to Bush's various failings.

I agree. by PhxG

I am (unfortunately) putting my hopes into the 527s to hit Obama hard and capitalize on the differences.

Unfortunately, there are too many instances of McCain failing to capitalize on Obamas gaffes to date. Which makes me wonder if McCain is also planning on the 527s to do the mud slinging so as to not turn off the middle.

_____________________________

It is the mark of an educated mind to be able to entertain a thought without accepting it.
--Aristotle


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