Justice David Souter (Also Known As George H. W. Bush's Greatest Mistake) To Retire From Supreme Court

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I think this is an important to remind some people out there what Obama himself has said about judicial appointments. First, Obama voted against Justice Samuel Alito. In 2006 he did so because he was "deeply troubled" by Alito's "philosophy, ideology, and record." So if there are Senators that oppose Obama's future nominee, I would not be surprised if Obama suddenly takes a very different tone.


In 2001, Obama said in a radio interview that he wished the country could achieve "redistributive change" through the courts. He also talks about the court breaking "free from the essential contstraints that were placed by the founding fathers in the constitution." I think this should give you some sense of what kind of Justice Obama would prefer.


It should come as no surprise that Obama has promised a replacement with lots of "empathy." Obama said that the "quality of empathy, of understanding and identifying with peoples hopes and struggles as an essential ingredient for arriving at just decisions and outcomes." In truth, empathy should take a back seat to constitutionality when a Supreme Court Justice makes a decision. The job of a Supreme Court Justice should be to uphold the law as enshrined in the document written by the Founding Fathers. Anything more, any decision based on "empathy" rather than what the Constitution actually says and was intended to say, is judicial activism.


In the end it will not matter who Obama appoints because Justice Souter has been a reliably liberal vote on the court. The philosophical tilt of the court will not change much no matter who the replacement is.

To read an article from FrontPage Magazine wishing a hearty "Good Riddance" to David Souter visit http://frontpagemag.com/readArticle.aspx?ARTID=34655/. Tweet