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7.18.2007

Obama vs. Rudy on Judicial Decision Making

From TheHill.com:
After a speech heavily critical of the new Supreme Court in front of a Planned Parenthood Action Fund conference in Washington, the presidential candidate said he would look into potential nominees’ hearts when deciding whom to select for vacancies in the country’s highest court.

“[Chief] Justice Roberts said he saw himself just as an umpire,” Obama said. “But the issues that come before the court are not sports; they’re life and death. We need somebody who’s got the empathy to recognize what it’s like to be a young teenage mom.”

Obama said that 95 percent of cases can be judged on intellect, but that the other 5 percent are the most important ones.

Wow, seriously? Is he really advocating that only "95 percent of cases" should be judged based on legal reasoning, jurisprudence, and the Constitution? How in good faith can he have taken an oath to "protect and defend the Constitution of the United States" if he believes it should be ignored in 5% of cases decided by the Supreme Court?

He is either lying, or admitting that he does not believe the oath he took, or the one he wants to take. I suspect it is the latter.

Compare that to this from Mr. Giuliani:
Americans are concerned that special interests and partisan politics are compromising the integrity of our legal system. In too many cases, there is no accountability and no evident common sense. That’s why our nation needs to eliminate frivolous lawsuits while ensuring that responsible judges are appointed to our courts.

Some people believe judges should “evolve” the law to reflect short-term political and cultural trends. I disagree. The individuals responsible for updating our laws are our elected representatives. Federal judges – who are appointed for life – are responsible for interpreting our laws. And the Constitution can only be amended by the American people.
I don't think I have to point out which one simply sounds better, and smarter.

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