Posted on 10/20/2008 7:38:29 AM PDT by SmithL
One of the most momentous and least-discussed topics in the presidential campaign is the likely departure in the next four years of as many as three of the more liberal justices on a closely divided U.S. Supreme Court.
When the subject of judicial appointments was raised during Wednesday's debate, Democrat Barack Obama observed that Roe vs. Wade, the 1973 Supreme Court ruling that legalized abortion, "probably hangs in the balance" on the outcome of the election.
Obama, who supports the ruling, and Republican John McCain, who wants it overturned, then took pains to deny that they would use the case as a "litmus test" in choosing a future justice - denials that their own words appear to contradict.
As McCain put it, he doesn't believe anyone who backs Roe vs. Wade "would be part of those qualifications" he will require for judicial nominees, such as "a history of strict adherence to the Constitution." Obama, for his part, has said he favors nominees who support the constitutional right of privacy, the legal underpinning of the 1973 ruling.
But abortion is only one of many issues in which the court's moderate-to-liberal bloc of four justices has joined with the moderately conservative Justice Anthony Kennedy to form a precarious majority - one that would probably be undone by a McCain appointee.
For starters, there was the 5-4 ruling in June that allowed prisoners at the U.S. naval base at Guantanamo Bay, Cuba, to challenge their confinement in federal court, a decision that McCain called "one of the worst" in U.S. history.
In other close decisions,
...In each of those cases, the majority included Justices John Paul Stevens, 88; Ruth Bader Ginsburg, who is 75 and in uncertain health; and David Souter, 69, widely reported to be considering retirement.
(Excerpt) Read more at sfgate.com ...
Probably the most frightening aspect of a BO presidency.
The stories hit in all Liberal talking points...
They also appeal to the one-issue pro-choice (abortion) voters to scare them into voting for Obama.
The Left, legally, or illegally, subtly or overtly, with the media as its ally, continues to sway, distort, omit and steal its way to the election of the Marxist Messiah.
The two Justices likely to retire are liberal anyway, correct?
The only saving aspect of a 4 year Obama term is that there are more old liberals than there are old conservatives on the court. Balance of power probably wouldn’t change until a, God forbid, Obama 2nd term.
That’s what I just wrote. The two USSC Justices likely to retire are pretty left wing, so it will remain the same.
If we are lucky it might not change the balance of power that much. Stevens is what, 150 years old? If he gets replaced by 0bama then you go from one lefty to another. Ginsburg could quit so there is no loss there. We just have to pray that Roberts, Scalia, Alito, and Thomas remain in good health. Kennedy, like Scalia, is 72 I think. He is the ‘swing’ vote but it would at least be better to have him than any 0bama appointee. So there might not be that much of a shift in 0bama’s first term. If there is a second term then things could change. But hopefully there will be neither a second NOR first term.
Off topic...but if SNL had 14 million views, presumably Palin fans, for the most part, isn’t that a good sign for us?
So far the court has stomped the Consitution on several key issues.
The silver lining in this cloud is that those most likely to retire are all liberals. So the status quo will remain, although an opportunity has been lost.
Also, I’m very skeptical that a President Mccain combined with a liberal controlled Senate would give us any Alito/Scalia types (how come the best judges are Goombas)
McCain missed his opportunity to go after Kelo, the most egregious ruling in the last hundred years. Kelo destroyed private property and pretty much socialized it.
Of the three justices mentioned, Ginsberg would be the case where even 0bama could not do worse.
Sent the following suggested ad to the RNC last week. Don’t even know if they accepte suggestions:
—On June 23, 2005, the United States Supreme Court ruled 5-4 that governments can take the private property of citizens for any purpose they deem fit. Any purpose. Against the wishes and without the consent of the owner. That’s you. The citizen who earned that property only to have it confiscated by your government and passed on to someone who they think will put it to better use. Kelo v City of New London
On June 12, 2008, the United States Supreme Court ruled 5-4 that the United States must allow terrorists who have never set foot on American soil access to American courts. A right greater than that held by men and women in our own military. And a ruling that flew in the face of every previous Supreme Court decision on the subject. Boudemiene v Bush.
On June 25, 2008, the United States Supreme Court ruled 5-4 that states and their citizens may not decide for themselves whether child rapists can be subjected to the death penalty. Kennedy v Louisiana
The same 5 justices comprised the majority in these and other such decisions. The next President will likely appoint two to three justices to the Supreme Court. The justices replaced will most likely be 3 of the justices comprising this 5-4 majority.
Barack Obama has made it clear that he will appoint justices who will continue this majority and continue to disregard the will of the people and their elected representatives and make their own law in accordance with their personal views and the laws of other nations without regard to our own Constitution.
John McCain has clearly stated he will appoint justices who follow the Constitution and the law in their decisions. Justices like Chief Justice Roberts and Samuel Alito who, along with Justice Thomas and Justice Scalia have formed the 4 justice minority in these and other decisions.
There is no issue more critical to the national ethic and who and what we are as a country than deciding who will appoint the next three Supreme Court Justices.
This election more than any in recent years will shape your country for decades to come.
Let's pray for the health and welfare of the rest, the Country's survival may depend on it.
Father we ask that you would put John Mccain and Sarah Palin into the White House that they may do your will. That these laws that are against you and your ways would be overturned.
Everyone, Please continue to fervently pray for Mccain/Palin. The closer the election draws near the more I sense the need for all of God’s children to press in and seek Him and trust in His goodness. This is HUGE for us, for this nation, let us not allow this opportunity to pass us by. We have missed the call the past 35 years, to rise up as Christians and to conquer this land for God’s purposes to be established in this earth, may it not happen again to this Great nation. If we continue to pray God will continue to hear. I feel the victory is near if we just continue to press in it can be ours! Thank You!
The SCOTUS is hosed right now, look at the Heller decision, 5:4, holy hell, those 4 against should be working at Burger King...
Yeah. My guess is only 1 of them leaves before 2011, though.
It’s not as bad as it looks.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.