Obama’s Dangerous Perspective on the Judiciary

This is an absolutely phenomenal, and extremely essential, article on Barack Obama’s view of the role of the courts in the United States.

Remember that Obama’s choices for the bench at all levels could affect the United States of America for a generation or more. This, above all else, may be the single most important issue of the election. It’s just not as sexy (the robes aren’t so flattering, I guess).

Please read, digest, and pass it along.

– Jeff

Obama’s ‘Redistribution’ Constitution
From The Wall Street Journal

One of the great unappreciated stories of the past eight years is how thoroughly Senate Democrats thwarted efforts by President Bush to appoint judges to the lower federal courts.

Consider the most important lower federal court in the country: the United States Court of Appeals for the District of Columbia Circuit. In his two terms as president, Ronald Reagan appointed eight judges, an average of one a year, to this court. They included Robert Bork, Antonin Scalia, Kenneth Starr, Larry Silberman, Stephen Williams, James Buckley, Douglas Ginsburg and David Sentelle. In his two terms, George W. Bush was able to name only four: John Roberts, Janice Rogers Brown, Thomas Griffith and Brett Kavanaugh.

Although two seats on this court are vacant, Bush nominee Peter Keisler has been denied even a committee vote for two years. If Barack Obama wins the presidency, he will almost certainly fill those two vacant seats, the seats of two older Clinton appointees who will retire, and most likely the seats of four older Reagan and George H.W. Bush appointees who may retire as well.

The net result is that the legal left will once again have a majority on the nation’s most important regulatory court of appeals.

The balance will shift as well on almost all of the 12 other federal appeals courts. Nine of the 13 will probably swing to the left if Mr. Obama is elected (not counting the Ninth Circuit, which the left solidly controls today). Circuit majorities are likely at stake in this presidential election for the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuit Courts of Appeal. That includes the federal appeals courts for New York City, Los Angeles, Chicago, Boston, Philadelphia and virtually every other major center of finance in the country.

On the Supreme Court, six of the current nine justices will be 70 years old or older on January 20, 2009. There is a widespread expectation that the next president could make four appointments in just his first term, with maybe two more in a second term. Here too we are poised for heavy change.

These numbers ought to raise serious concern because of Mr. Obama’s extreme left-wing views about the role of judges. He believes — and he is quite open about this — that judges ought to decide cases in light of the empathy they ought to feel for the little guy in any lawsuit.

Speaking in July 2007 at a conference of Planned Parenthood, he said: “[W]e 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’m going to be selecting my judges.”

On this view, plaintiffs should usually win against defendants in civil cases; criminals in cases against the police; consumers, employees and stockholders in suits brought against corporations; and citizens in suits brought against the government. Empathy, not justice, ought to be the mission of the federal courts, and the redistribution of wealth should be their mantra.

In a Sept. 6, 2001, interview with Chicago Public Radio station WBEZ-FM, Mr. Obama noted that the Supreme Court under Chief Justice Earl Warren “never ventured into the issues of redistribution of wealth and sort of more basic issues of political and economic justice in this society,” and “to that extent as radical as I think people tried to characterize the Warren Court, it wasn’t that radical.”

He also noted that the Court “didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it has been interpreted.” That is to say, he noted that the U.S. Constitution as written is only a guarantee of negative liberties from government — and not an entitlement to a right to welfare or economic justice.

This raises the question of whether Mr. Obama can in good faith take the presidential oath to “preserve, protect, and defend the Constitution” as he must do if he is to take office. Does Mr. Obama support the Constitution as it is written, or does he support amendments to guarantee welfare? Is his provision of a “tax cut” to millions of Americans who currently pay no taxes merely a foreshadowing of constitutional rights to welfare, health care, Social Security, vacation time and the redistribution of wealth? Perhaps the candidate ought to be asked to answer these questions before the election rather than after.

Every new federal judge has been required by federal law to take an oath of office in which he swears that he will “administer justice without respect to persons, and do equal right to the poor and to the rich.” Mr. Obama’s emphasis on empathy in essence requires the appointment of judges committed in advance to violating this oath. To the traditional view of justice as a blindfolded person weighing legal claims fairly on a scale, he wants to tear the blindfold off, so the judge can rule for the party he empathizes with most.

The legal left wants Americans to imagine that the federal courts are very right-wing now, and that Mr. Obama will merely stem some great right-wing federal judicial tide. The reality is completely different. The federal courts hang in the balance, and it is the left which is poised to capture them.

A whole generation of Americans has come of age since the nation experienced the bad judicial appointments and foolish economic and regulatory policy of the Johnson and Carter administrations. If Mr. Obama wins we could possibly see any or all of the following: a federal constitutional right to welfare; a federal constitutional mandate of affirmative action wherever there are racial disparities, without regard to proof of discriminatory intent; a right for government-financed abortions through the third trimester of pregnancy; the abolition of capital punishment and the mass freeing of criminal defendants; ruinous shareholder suits against corporate officers and directors; and approval of huge punitive damage awards, like those imposed against tobacco companies, against many legitimate businesses such as those selling fattening food.

Nothing less than the very idea of liberty and the rule of law are at stake in this election. We should not let Mr. Obama replace justice with empathy in our nation’s courtrooms.

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Comments

  1. bluewater says:

    Perhaps Obama’s comments will encourage the court to take the case. Timing is everything…

  2. Ted Park says:

    Jeff -
    Don’t want to be pissy or rude, but I hope you meant something like “apathy” in the last sentence, not “empathy”. Huge difference!

  3. Ted Park says:

    Jeff -
    OOPS – disregard previous comment -

  4. MR. JOSHUA says:

    ACTUALLY JEFF,

    OBAMA, BEING A SENATOR;(OR AT LEAST BEING SWORN IN AS ONE), TOOK AND OATH TO THE CONSTITUTION, IN ITS ORIGINAL INTENT, ALREADY…..

    CASE LAW SUPPORTS A CHARGE OF TREASON, AS THE ORIGINAL INTENT, HAS TO BE FOLLOWED….

    THINK THIS THROUGH…..THE FOREFATHERS OF THIS NATION, SAW TO IT, THAT NO CONGRESS AFTER THEM, WOULD HAVE ANYWHERE NEAR THE POWER THAT THEY, THEMSELVES HAD; AS EVERYONE THAT’S ELECTED, OR APPOINTED, TAKE AN OATH TO DEFEND THESE BASIC RIGHTS…..YOU SEE WHY THERE’S NO RIGHT OF ANYONE IN PUBLIC OFFICE, TO INTERPRET THEIR CONSTRAINTS…??
    THAT WOULD BE EXACTLY LIKE, YOU OR I, INTERPRETING TRAFFIC LAWS ANY WAY WE WOULD LIKE, SO WE WOULDN’T HAVE TO FOLLOW THEM…SEE…??
    THE ONLY REASON GOVERNMENT OFFICIALS HAVE AUTHORITY, IS BECAUSE WE DO….WHICH IS DELEGATED TO THEM, ON OUR BEHALF TO PRESERVE OUR RIGHTS….
    SO YOU SEE, THE CONSTITUTION IS SET UP, SO THAT AN ELECTED OR APPOINTED PERSON ONLY HAS POWER IF THE INDIVIDUAL IN THAT POSITION, IS WORKING INSIDE OF HIS, OR HER, RESPONSIBILITIES, (CONSTITUTION)…OUTSIDE OF THIS, THE PERSON IN QUESTION, IS NO LONGER A SENATOR, OR JUDGE ECT….JUST A CRIMINAL, THAT’S IN VIOLATION OF THE SUPREME LAW OF
    THE LAND….PUNISHIBLE UNDER TREASON….(CASE LAW)

    BEST REGARDS,

    JEFF

  5. John Galt says:

    For someone to have total control of a country he/she needs to control 4 things

    1. MSM – Obama already has in his back pocket
    2. Judiciary – Obama if elected will as the WSJ article points out gain control of it by appointing his hand picked judges with similar philosophies to his own
    3. Congress – Most likely the Democrats will have enough seats to prevent fillibustering by opposition and therefore be able to push through to Obamas desk whatever he tells them to.
    4. The Military – For Obama to control this would require him to replace maybe a dozen or so less key top ranking generals with his hand picked people beholding to him.

    Obama gets elected America will become a communist dictatorship run by the the blacks, gays left wing feminists and atheists.

  6. Anonymous says:

    Hmmm. Judges should have empathy. Does this mean Judge Surrick should have had empathy for American voters?

    Where was Obama’s empathy when he opted to have Berg’s case dismissed rather than produce a few documents that might have quelled voter anxiety and fears?

    Where is Obama’s empathy for infants struggling for life after a botched abortion?

    Okay. He’s not a judge; maybe he doesn’t need empathy. He just wants to be president of the United States and appoint judges with empathy.

    Do you suppose he’ll even recognize empathy?

  7. allison says:

    Thought this was an interesting perspective:
    http://www.thedailybeast.com/blogs-and-stories/2008-10-28/so-long-obama/1/

    Might not be possible to see cuz links always get cut off so here it is broken up:

    http://www.thedailybeast.com/
    blogs-and-stories/2008-10-28/
    so-long-obama/1/

  8. K says:

    Scary stuff. My jaw is on the floor. Thanks for posting this.

  9. msjkulig430 says:

    Dear Fellow Americans,

    I have been hanging on here, like the rest you and I am sick and tired of being lied to and I am discussed with the mainstream media, the DNC, Congress, the FEC, Acorn, the judicial system and other people in “power” that fail to do their jobs and continually fail to look out for our “collective” best interest and protect our individual constitutional rights.

    This event has changed me forever. It has changed my view of America and it makes me feel disappointed that “collectively,” we seem so “powerless.” Tapes or not, however this plays out, whether Obama wins or loses, this should be a “wake up” call for all Americans that believe in Freedom, Democracy and Capitalism.

    Remember this quote:

    “All that is necessary for evil to triumph is for good men to do nothing”

    I don’t know about you….but I can’t in all good conscious “do nothing” anymore. TV, Internet, I-pods, WE have all become complacent in our lives. We all think that “some body” else will look out for us, that “our leaders,” the “media” will keep us informed and look out for our best interests. We know that is NOT true. But sadly, we knew that this was not true for a long time, we were just too busy, too complacent to take action.

    This election has showed us what can happen when we FAIL to take action. If we don’t ban together and do “something” this will, inevitably happen again, and next time we may be “blind sided.”

    Just look at the voter fraud, the rigged voting machines, the under the table political donations, do we really think it will stop? It happened 4 years ago and it happening again. The government had 4 years to implement systems of checks and balances and they failed to do so. Our elected officials don’t even know who’s responsibility it is to make sure that the man that we elect president is “eligible” to take office.

    We must fight the evil who’s orchestrated efforts are aimed to defraud us and deceive us or they will continue. We must stand together and say “never again.” If we don’t, those who wish to take away our liberties will just get more sophisticated and soon, we won’t even realize it is happening. Soon, we will be told that we all need to be vaccinated for XYZ and microchips will be planted under our skin.

    We can NOT in all good conscious, return to our TV sets, laptops and our hum-drum daily lives and continue to do “nothing.”

    We will undoubtedly see this in the next election, and once again, we will be in disbelief, asking ourselves, how could this happen? We will once again be here, or some where else, four years from now, in total disbelief.

    So here is YOUR call to take ACTION: We have 4 years to do something. Let’s ban together and finally FIGHT for our rights. Let’s fight for our Country, for our Democracy, for our FUTURE, for our children’s future. There is strength in numbers. Our founding fathers did it, and we can do it too. We can mobilize the largest force of Freedom Fighters in our nation, all from the comfort of our couch. Let’s develop a strategy and plan a course of action to rid this country of the greed, evil and power that has consumed it.

    Please email me in the fight. I will set up an online community where we can all ban together, share ideas and TAKE BACK OUR GREAT COUNTRY. We will create our own agenda…a Pro-American, a Pro-Democracy agenda. The time is NOW. Next time may be too late.

    To Join The Fight For Freedom: Please email me: msjkulig@aol.com.

    If you are not ready to triumph EVIL and still want to sit back and “do nothing” and wait for this to happen again, read this poem:

    Martin Niemöller – “And Then They Came For Me”
    In Germany, they came first for the Communists, And I didn’t speak up because I wasn’t a Communist;

    And then they came for the trade unionists, And I didn’t speak up because I wasn’t a trade unionist;

    And then they came for the Jews, And I didn’t speak up because I wasn’t a Jew;

    And then … the came for me … And by that time there was no one left to speak up.

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