Right Thinking From The Left Coast
Reality is merely an illusion, albeit a very persistent one. - Albert Einstein

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It’s All About the Judges

One of the last arguments being pulled out in support of McCain is that “it’s all about the judges”.  Obama, apparently, is going to appoint a bunch of radical leftists to the Court who will overturn our entire Constitution.

That may be.  I somehow doubt he’s going to appoint anyone really radical.  My feeling is that his appointees would be more along the lines of Stevens—liberal but not crazy.  But even if he does appoint Bill Ayers or something, here is the current age distribution of the Court against ideology:

Conservative—Roberts (53), Scalia (72), Thomas (60), Alito (58)
Moderate - Kennedy (72)
Liberal - Stevens (88), Souter (69), Ginsberg (75), Breyer (70)

The two oldest judges on the court are liberals (and Ginsberg, in particular, is looking frail).  The three youngest judges are conservative.  The average conservative age is 60.8; the average liberal age is 75.5.  Even if Obama is in for eight years, he is most likely to replace two liberal judges on the Court.  And even if one of the conservatives were to be in a tragic blimp accident, that would shift the court to being as radically crazy liberal as it was during the Rhenquist years.

The idea that Obama is going to leave us with a Burger-style radical liberal Court is frankly hyperbolic.  Unless the entire Court is wiped out during a meth-fueled orgy, Obama will, at most, shift the court somewhat to the left.  True, the Court won’t become more conservative.  But considering how conservative is defined these days—a unitary executive, untrammeled federal power, the suspension of habeas—that’s fine with me.

This is one meme I have grown increasingly tired of.  Every election, we are told that the other guy is going to appoint Satan to the Supreme Court.  We are going to lose abortion freedom, lose free speech, be imprisoned in gulags, have our guns taken away, allow terrorists to walk the streets and set all the murderers loose from prison.  I’m sick of it.  I’m probably not going to be happy with the judges Obama will appoint.  But it’s not going to be the end of the world.

Calm the fuck down, people.

Posted by Hal_10000 on 10/31/08 at 08:56 AM in Election 2008 • Permalink


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