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John McCain and Barack Obama: Two visions of the Supreme Court
The Los Angeles Times ^ | May 19, 2008 | David G. Savage

Posted on 05/19/2008 7:44:51 PM PDT by Clintonfatigued

John McCain and Barack Obama, the two leading presidential candidates, have set out sharply contrasting views on the role of the Supreme Court and the kind of justices they would appoint.

Sen. McCain (R-Ariz.), in a speech two weeks ago, echoed the views of conservatives who say "judicial activism" is the central problem facing the judiciary. He called it the "common and systematic abuse . . . by an elite group . . . we entrust with judicial power." On Thursday, he criticized the California Supreme Court for giving gays and lesbians the right to marry, saying he doesn't "believe judges should be making these decisions."

Sen. Obama (D-Ill.) said he was most concerned about a conservative court that tilted to the side of "the powerful against the powerless," and to corporations and the government against individuals. "What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," he said in response to McCain.

During one campaign stop, Obama spoke admiringly of Chief Justice Earl Warren, the former California governor who led the court in the 1950s and '60s, when it struck down racial segregation and championed the cause of civil rights.

Obama has also praised current Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter. "I want people on the bench who have enough empathy, enough feeling, for what ordinary people are going through," Obama said.

It is not just a theoretical policy debate.

Whoever is elected in November will probably have the chance to appoint at least one justice in the next presidential term. The court's two most liberal justices are its oldest: John Paul Stevens turned 88 last month, and Ruth Bader Ginsburg is 75.

McCain promised that, if elected, he would follow President Bush's model

(Excerpt) Read more at latimes.com ...


TOPICS: Editorial; Government; Politics/Elections
KEYWORDS: 2008; alreadyposted; judges; mccain; mcjudges; obama; scotus

1 posted on 05/19/2008 7:44:51 PM PDT by Clintonfatigued
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To: Clintonfatigued; All

See my tagline...


2 posted on 05/19/2008 7:47:13 PM PDT by 2ndDivisionVet (McCain could never convince me to vote for him. Only Hillary or Obama can!)
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To: zendari; wagglebee; fieldmarshaldj; Norman Bates; EternalVigilance; neverdem; no dems; AuntB; ...

This is the most important thing at stake, except possibly the War on Terror.


3 posted on 05/19/2008 7:48:19 PM PDT by Clintonfatigued (Karl Marx supported free trade. Does that make him a free market conservative?)
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To: 2ndDivisionVet

Regarding your tagline: So how are Hillary and Obama doing? Convinced yet? :)


4 posted on 05/19/2008 7:48:23 PM PDT by madison10 (“To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.”)
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To: Clintonfatigued

This is the most important issue of the election.


5 posted on 05/19/2008 7:48:27 PM PDT by Norman Bates (Freepmail me to be part of the McCain List!)
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To: Clintonfatigued

Puleeeaaase!

McCain will be facing 60 DemocRAT Senators. He wouldn’t even bother nominating a Roberts or Alito.

McCain will quickly cave and give us legacy of liberal SCOTUS judges for years and years to come!


6 posted on 05/19/2008 7:49:45 PM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: Incorrigible

Why would you assume that? A new President has a mandate and time to make appointments. He’s the mover. Congress can’t just sit there for years and do nothing.


7 posted on 05/19/2008 7:52:00 PM PDT by Norman Bates (Freepmail me to be part of the McCain List!)
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To: Incorrigible
McCain will quickly cave and give us legacy of liberal SCOTUS judges for years and years to come!

"Wishful" thinking at best. But I can guarantee Obama will.
8 posted on 05/19/2008 7:53:11 PM PDT by Norman Bates (Freepmail me to be part of the McCain List!)
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To: madison10
"Regarding your tagline: So how are Hillary and Obama doing? Convinced yet? :)"

I've been convinced that we can't "sit this one out" or "write-in a conservative" or "vote third party" or any other feel good alternative for some time. Out troops, our Supreme Court & other federal appointments and our nation are too important to let a neophyte proto-Marxist race-baiting Chance Gardener anywhere near the Oval Office. Was anyone here really under the delusion that President Bush was a "Reagan Republican" prior to the 2000 election? But did you vote for him? Of course! Half a loaf and all that...

9 posted on 05/19/2008 7:54:01 PM PDT by 2ndDivisionVet (McCain could never convince me to vote for him. Only Hillary or Obama can!)
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To: Norman Bates; NYer; Coleus; Salvation; wagglebee; investigateworld; narses; Huber; 8mmMauser; ...

Here is a telling excerpt from the article:

“If elected, Obama would be hard-pressed to create a truly liberal court. But by replacing the aging liberal justices with liberals, he could preserve abortion rights and maintain a strict separation of church and state.”

Enough said.


10 posted on 05/19/2008 7:55:26 PM PDT by Clintonfatigued (Karl Marx supported free trade. Does that make him a free market conservative?)
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To: Clintonfatigued
"What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves,"

Well, gee, Barry. Why don't you just meet with them without preconditions and unite them to your vision of Hope And Change?
11 posted on 05/19/2008 7:56:14 PM PDT by Question Liberal Authority (NOW can we drill for oil?)
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To: Norman Bates
 

 

12 posted on 05/19/2008 7:57:09 PM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: Clintonfatigued

Can you imagine God forbid if something happened to Scalia and he was seat was filled by that pr**k Obama? Heck, even if Congress forced his hand on Stevens or Ginsburg to replace them with a moderate even McCain knows he would be expected to replace Scalia with a solid conservative and Scalia is of enough stature where even congress would not dare risk the public outcry of disrespecting Scalia’s successor.


13 posted on 05/19/2008 7:58:58 PM PDT by Norman Bates (Freepmail me to be part of the McCain List!)
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To: Clintonfatigued
Sen. Obama (D-Ill.) said he was most concerned about a conservative court that tilted to the side of "the powerful against the powerless," and to corporations and the government against individuals. "What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," he said in response to McCain.

Empty rhetoric. ...completely without substance. Obama couldn't cite one example of the conservatives on the court siding against "the powerless." In fact, the exact opposite is true -- Justices Affirm Property Seizures.

That was a 5 - 4 decision, and it was the liberals on the court that comprised the majority.

But as usual, reality means precisely squat to the Left. They just make stuff up, and the sheeple buy it unquestioningly.

14 posted on 05/19/2008 8:00:34 PM PDT by Mr. Mojo
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To: Clintonfatigued

If Tom Coburn can trust McCain on judicial picks - and word is that was the selling point for earning his endorsement - then it’s good enough for me. TOM COBURN for crying out loud!


15 posted on 05/19/2008 8:01:25 PM PDT by Norman Bates (Freepmail me to be part of the McCain List!)
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To: Clintonfatigued

I can’t wait to see the heads explode when McCain nominates Coburn for SCOTUS!!!


16 posted on 05/19/2008 8:03:36 PM PDT by Norman Bates (Freepmail me to be part of the McCain List!)
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To: Norman Bates

LOL!

John Paul Stevens and Ruth Bader Ginsburg as headed for retirement, and it’s more likely than not that David Souter will leave also.


17 posted on 05/19/2008 8:05:33 PM PDT by Clintonfatigued (Karl Marx supported free trade. Does that make him a free market conservative?)
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To: Mr. Mojo
But as usual, reality means precisely squat to the Left. They just make stuff up, and the sheeple buy it unquestioningly.

Not quite. It's the MSM that buys it unquestioningly. Then unblushingly repeats it as it were true.

18 posted on 05/19/2008 8:09:27 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: MplsSteve; lesser_satan

Obama appointing Supreme Court Justices alarms me more.


19 posted on 05/19/2008 8:09:34 PM PDT by Clintonfatigued (Karl Marx supported free trade. Does that make him a free market conservative?)
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To: okie01
The "sheeple" I was referring to includes the MSM.
20 posted on 05/19/2008 8:12:57 PM PDT by Mr. Mojo
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To: Clintonfatigued

One thing for ABSOLUTE certainty, the next SCOTUS nominations WILL NOT match Justice Ginzburg’s confirmation vote. The U.S. Senate confirmed her by a 96 to 3 vote and she took her seat on August 10, 1993 as Bill Clinton’s 1st SCOTUS Justice (2nd was Stephen Breyer).


21 posted on 05/19/2008 8:21:58 PM PDT by SES1066 (Cycling to conserve, Conservative to save, Saving to Retire, will Retire to Cycle.)
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To: Clintonfatigued

Think: Who would you want to replace Scalia (God forbid) - McCain or Obama? McCain would appoint a conservative - because the base and even congress would expect it. Obama would replace our beloved Scalia with Ginsburg II. NO WAY!


22 posted on 05/19/2008 8:22:13 PM PDT by Norman Bates (Freepmail me to be part of the McCain List!)
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To: Incorrigible
If Ginsburg were to retire and McLame were to nominate a constructionist like Alito or Roberts and the dems held up the process, who cares? The far left side would have one fewer advocate ... decisions that might have gone 5 - 4 will go 5 - 3. He could tell the leaker that his next nominee will be more conservative than his current one.

If only McLame was a conservative...

23 posted on 05/19/2008 8:31:21 PM PDT by Sgt_Schultze
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To: Clintonfatigued

I think SCOTUS nominees is the most important issues in this campaign. The War on Terror will take a turn but SCOTUS rulings have lifetime effects made by people with lifetime appointments.


24 posted on 05/19/2008 8:47:02 PM PDT by no dems (90% of Blacks vote for the only Black candidate; isn't that racist?)
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To: Clintonfatigued
Sen. McCain (R-Ariz.), in a speech two weeks ago, echoed the views of conservatives who say "judicial activism" is the central problem facing the judiciary. He called it the "common and systematic abuse . . . by an elite group . . . we entrust with judicial power." On Thursday, he criticized the California Supreme Court for giving gays and lesbians the right to marry, saying he doesn't "believe judges should be making these decisions."

Sen. Obama (D-Ill.) said he was most concerned about a conservative court that tilted to the side of "the powerful against the powerless," and to corporations and the government against individuals. "What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," he said in response to McCain.

Supreme Court nominations and the War on Terror are the two most powerful reasons to NOT ALLOW A DEMOCRAT to take the White House, even if one IS pi$$ed at McCain.

25 posted on 05/19/2008 9:11:18 PM PDT by SuziQ
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To: Incorrigible
McCain will be facing 60 DemocRAT Senators.

Only if Republicans stay home in a huff, and don't get out and support Republican Senate candidates.

26 posted on 05/19/2008 9:14:57 PM PDT by SuziQ
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To: Clintonfatigued
I want people on the bench who have enough empathy, enough feeling, for what ordinary people are going through," Obama said.

That's scary.

27 posted on 05/19/2008 9:18:33 PM PDT by Graybeard58 (There are 3 kinds of people in the world, those who can count and those who can't.)
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To: Clintonfatigued
I want people on the bench who have enough empathy, enough feeling, for what ordinary people are going through," Obama said.

That's scary.

28 posted on 05/19/2008 9:18:49 PM PDT by Graybeard58
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To: Clintonfatigued

So there are still Republicans who will vote for Obama?


29 posted on 05/19/2008 9:24:28 PM PDT by Dagny&Hank
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To: Incorrigible
McCain will quickly cave and give us legacy of liberal SCOTUS judges for years and years to come!

And Obama will do what compared to McCain?

30 posted on 05/19/2008 9:25:47 PM PDT by Dagny&Hank
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To: Clintonfatigued

When we go to the polls, the only thing we have to go on is how the candidate conducted himself during his years prior to running. John McCain voted for Ginsberg, Breyer, Kennedy and Souter. John also joined the Democrats to form the Gang of 14.

I don’t be voting for this first class jackass.


31 posted on 05/19/2008 9:46:54 PM PDT by DoughtyOne (If you continue to hold your nose and vote, and always win, your nation will ultimately stink!)
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To: SuziQ

It doesn’t cause me concern that McCain will face 60 Democrat Senators. What concerns me is that when he proposes leftist legislation, only five or ten will disagree with him.


32 posted on 05/19/2008 9:48:45 PM PDT by DoughtyOne (If you continue to hold your nose and vote, and always win, your nation will ultimately stink!)
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To: DoughtyOne

Can Operation Chaos be extended to the Senate — vote for enough Democrats so that they self-destruct in 2 years?


33 posted on 05/19/2008 9:56:08 PM PDT by Dagny&Hank
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To: Dagny&Hank

As I understand it, Operation Chaos was not intended to get Cinton or Obama elected. It was intended to keep Hillary in so that she and Barack could rip each other to shreads rather than focus on McCain.

That would strengthen McCain’s chances.

Electing Democrats to the Senate would not be a similar idea at all.


34 posted on 05/19/2008 10:04:30 PM PDT by DoughtyOne (If you continue to hold your nose and vote, and always win, your nation will ultimately stink!)
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To: Clintonfatigued

If ‘Bama wants to ban home heating and ration food that might be a big issue too.


35 posted on 05/19/2008 10:17:40 PM PDT by Impy (Obama, you are stupid and your wife smells.)
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To: Norman Bates

An obstetrician for Supreme Court Justice?


36 posted on 05/19/2008 10:37:24 PM PDT by iowamark
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To: Norman Bates

Oklahoma has rat governor.


37 posted on 05/19/2008 10:47:11 PM PDT by Impy (Obama, you are stupid and your wife smells.)
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To: Clintonfatigued

Let’s not kid ourselves. McFudd will give the liberals what they want in the end.


38 posted on 05/20/2008 4:04:32 AM PDT by AdaGray
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To: Clintonfatigued
Pinged from Terri Dailies

8mm


39 posted on 05/20/2008 5:27:43 AM PDT by 8mmMauser (Jezu ufam tobie...Jesus I trust in Thee)
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To: Sgt_Schultze
the dems held up the process, who cares?

In that scenario the media would be bashing a President McCain non-stop.  And remember, the media is his John McCain's primary constituency.

Thus, he would quickly cave an nominate someone from the 9th circuit.

 

40 posted on 05/20/2008 5:57:06 AM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: SuziQ
Only if Republicans stay home in a huff, and don't get out and support Republican Senate candidates.

I hope your optimism is infectious SuziQ!

 

41 posted on 05/20/2008 5:58:10 AM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: Dagny&Hank
And Obama will do what compared to McCain?

Obama will nominate a lib judge the first time around sparing us the drama of the eventual caving of a President McCain.

 

42 posted on 05/20/2008 6:00:15 AM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: Clintonfatigued
That's why I'm holding my nose.

Some say but it's a rat senate so McCain will cave..... That same rat senate WILL confirm another Breyer. Will. Not might. Will. But they can't confirm what isn't appointed.

43 posted on 05/20/2008 7:27:09 AM PDT by Darren McCarty (Just when I thought I was out, they pull me back in - Michael Corleone)
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To: Incorrigible

Hopefully McCain will get the chance to name replacements 6 months before the midterm elections.


44 posted on 05/20/2008 9:23:19 AM PDT by proudpapa (McCain-Pawlenty '08)
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To: Incorrigible
Thus, he would quickly cave an nominate someone from the 9th circuit.

Sadly you are correct. The only way for a president McLame to avoid media criticism will be for him to acquiesce to the democrat agenda. It may be better to have the dem win so the remaining Republicans will find their beytsim and get back to resisting an ever larger government.

45 posted on 05/20/2008 9:51:43 AM PDT by Sgt_Schultze
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To: Clintonfatigued
This is the most important thing at stake, except possibly the War on Terror.

Agreed.

There are a multitude of reasons to not vote for McShamnesty. We all know what they are.

But the SCOTUS situation is the only reason I have to vote FOR him. And then, only because the judges serve for life.

46 posted on 05/20/2008 10:01:39 AM PDT by upchuck (Who wins doesn't matter. They're all liberals. Spend your time and money to take back Congress.)
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To: Question Liberal Authority
Sen. Obama (D-Ill.) said he was most concerned about a conservative court that tilted to the side of "the powerful against the powerless," and to corporations and the government against individuals. "What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," he said in response to McCain.

Aren't unborn children powerless against their all powerful mothers? Aren't they powerless against the Big Abortion providers like Planned Barrenhood? It is indeed difficult for these children to "fend for themselves". No thanks Barry, you offer change we can all live without.

47 posted on 05/20/2008 11:09:54 AM PDT by Clump (Your family may not be safe, but at least their library records will be.)
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To: DoughtyOne

He also voted for Roberts and Alito. He has not voted against a President’s choice for the high court. He believes it is the President’s call, and he respects that. That is how he has consistently voted. Just like almost ALL GOP senators. Dems are the only ones that vote against the POTUS nominee in mass numbers.


48 posted on 05/20/2008 11:15:38 AM PDT by Clump (Your family may not be safe, but at least their library records will be.)
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To: Clump

Okay, then you’re on the record that a sitting Senator should never vote against a Presidential nomination for the Supreme Court.

Then I guess our Founding Fathers were full of s—t. Is that about it?


49 posted on 05/20/2008 11:20:31 AM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: DoughtyOne
I did not say that. I am repeating what he has said. It is not like the man voted against Roberts or Alito, or that he is using Ginsburg or Breyer as examples of nominees he would put up. He just said that he votes for nominees that are qualified, and that differences of opinion with the POTUS is not a legitimate reason for voting down a nominee.

My position is just that Dems should show the same respect for GOP nominees based on their qualifications. If senators only vote for who they would choose were it them doing the nominating, then we would never get a nominee through. The Founders surely did not want the controlling party in the senate to choose SCOTUS nominees just because they have the votes.

50 posted on 05/20/2008 1:53:00 PM PDT by Clump (Your family may not be safe, but at least their library records will be.)
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