Beneath the mystic umbrella of "Change", among the scatterings that provide, as do the entrails of sacrificed animals, the true meaning of Obama's campaign platitudes, lies a nugget of clarity with respect to his intentions for appointments to the federal judiciary. Speaking to a Planned Parenthood meeting in July, 2007, Obama SAID:
"And we need somebody who’s got the heart—the empathy—to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor or African-American or gay or disabled or old—and that’s the criteria by which I’ll be selecting my judges. Alright?"
This attitude constitutes a very significant "change" away from the legal principle that has guided the American judiciary for over two centuries, a principle that calls for a government of laws, not of men, a system of justice symbolized by the blindfold on Lady Justice that ensures equal treatment of all who come before the courts without regard to their social status. The touchstone here is the United States Constitution, upon which is built the vast accumulation of case law and the guidance provided by the accumulated precedents as courts over the years have continually striven to interpret the constitution so as to apply it to modern concerns and circumstances.
What Obama would have us do, as a nation, is throw away this procedural bedrock and rely, instead, on the empathy and feelings that a particular jurist might have for the parties in a particular case. Thus, Lady justice would remove her blindfold and have the courts consider the circumstances of those appearing before them. Thus, for example, criminals would receive punishment for their crimes, not in terms of the laws that they have broken, but rather based upon the empathy that a particular judge might have. In addition, the decisions of a jurist with an interest in Obama's desire to redistribute the wealth, could badly damage the country's economic underpinnings. Does anyone, other than Obama die-hards, really think that this is desirable change?
When the next president is inaugurated, six of the nine sitting Supreme Court Justices will be at least seventy years old, which leads to the prospect that the new president will appoint a number of new Justices. In addition, there are certain to be ample opportunities for appointments to also be made to the United States Court of Appeals, which acts a feeder system for the Supreme Court, not only in terms of legal decisions, but also for prospective Supreme Court Justices. And while a president may only serve a term or two, federal judges, once appointed, enjoy lifetime tenure. The effects of an Obama presidency, even if it lasts only one term, will truly be "a gift that keeps on giving", long after he leaves office.
Voters, especially independents, and those conservatives, miffed at the Republican Party's failings in following a strict conservative agenda, must think long and hard before pulling the lever for Obama. The disastrous effects of an Obama presidency would last long after he leaves office. This damage to the legal system is too high a price to pay for "teaching the Republican Party a lesson."
As president, John McCain has promised to appoint strict constructionist judges who value the law over personal attitudes and would not bring personal legislative agendas to the bench. In many ways, this issue is important enough to decide the election on its own. Don't be fooled.
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