August 5, 2008

AND PEOPLE WONDER WHY THE UNICORN RIDER KEEPS HIMSELF SO VAGUE?:

In the Balance: Depending on who wins the presidency, the Supreme Court could turn sharply to the right or see its first crusading liberal justice in many years. (Stuart Taylor Jr., Jul 26, 2008, National Journal)

At a time when the Court is precariously balanced--with four conservatives, four liberals (including the two oldest justices), and the ideologically eclectic Anthony Kennedy--these contrasting approaches have provided opposing activists with nightmare visions to rally the Democratic and Republican bases during the presidential race.

The liberal nightmare (and conservative dream) is McCain replacing one or more aging liberals with conservatives who proceed to overrule or hollow out Roe v. Wade and other liberal precedents; throw gay rights into reverse; discard the constitutional right to privacy; outlaw all racial preferences and school integration programs; narrow the reach of civil-rights protections for women, minorities, and disabled people; bless virtually unrestricted government funding of religious schools and sponsorship of crosses and other religious symbols on public property; stop shrinking and start expanding the death penalty; mow down gun control laws; roll back the four decisions since 2004 that have checked Bush administration efforts to expand presidential power in the name of fighting terrorism; and make it ever harder for consumers and workers to sue businesses.

The conservative nightmare (and liberal dream) is an Obama Court requiring taxpayers to fund essentially unlimited abortion rights throughout pregnancy; ordering all 50 states to bless gay marriage; expanding and perpetuating the use of racial preferences far beyond the 25-year phaseout suggested by the justices five years ago; prohibiting tuition vouchers for religious schools; stripping "under God" from the Pledge of Allegiance; banning the death penalty; striking down the new federal wiretap law; expanding judicial oversight of military detentions, CIA interrogations, and perhaps other operations worldwide; opening the floodgates to big-dollar lawsuits against business; eroding property rights; and perhaps creating new constitutional rights to physician-assisted suicide, human cloning, and massive government welfare and medical care programs.


Put just those two paragraphs on a ballot and ask voters to pick one and you get a 60-40 landslide for the GOP.

Posted by Orrin Judd at August 5, 2008 5:07 PM

Good article. This is the BIG issue, the guns, the babies, racial quotas, the GWOT--everything hangs on the Court appointments.

Just because the political branches are so deadlocked (which is how the Constitution was intended to work) so-called "judicial activism" is the only avenue of "change."

Posted by: Lou Gots at August 6, 2008 10:12 AM
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