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In Case You Were Confused

Barack Obama has made an art form of straddling, contradicting himself, and evading the implications of his remarks on the Supreme Court and constitutional law. But now we have confirmation (if any was needed) from one of his key surrogates (and a potential VP pick), Arizona Gov. Janet Napolitano, that none of that matters. As she says, “[I]t’s about who fills the federal bench.” Well, her honesty is refreshing.

On that score, we know that Justices Ginsburg, Breyer, and Stevens are Obama’s ideal judges. And we know that he generally wants judges who will roam around the jurisprudential landscape seeking to impose their own personal morality and social views on the rest of us. Deference to elected representatives? Not so much.

So, following Governor Napolitano’s lead, we now can disregard just about everything Obama says on constitutional law. All we need to know is that the dissenters in the cases on partial birth abortion and the D.C. handgun ban will be the models for filling Supreme Court vacancies and the hundreds of lower court judgeships over the next four, and possibly eight years.

If you like those decisions and the legal reasoning behind them, you’ll be delighted by an Obama administration. His running dialogue about the type of decisions which he favors, intended to take the sharp edges off his extreme views, is meaningless. We have all been warned.


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