Wednesday, August 20, 2008

 

Which Supreme Courts Justices Would You Not Have Nominated?

From the WSJ comes a good question asked by Pastor Warren:

Rev. Warren asked each candidate which Justices he would not have nominated. McCain, who interviewed after Obama, answered that, “with all due respect,” the four most liberal Justices.

For his part, Obama said, “that’s a good one,” and then explained: “I would not have nominated Clarence Thomas. I don’t think that he, I don’t think that he was a strong enough jurist or legal thinker at the time for that elevation. Setting aside the fact that I profoundly disagree with his interpretation of a lot of the Constitution.” Obama added that he wouldn’t have appointed Justice Scalia, and perhaps not John Roberts, either.

Here is the transcript. It says:
Which existing Supreme Court Justices would you not have nominated?

MCCAIN: With all due respect, Justice Ginsburg, Justice Breyer, Justice Souter, and Justice Stephens.

WARREN: Why? Tell me why.

MCCAIN: Well, I think that the president of the United States has incredible responsibility in nominating people to the United States Supreme Court. They are lifetime positions, as well as the federal bench. There will be two or maybe three vacancies. This nomination should be based on the criteria of proven record, of strictly adhering to the Constitution of the United States of America and not legislating from the bench. Some of the worst damage has been done by legislating from the bench. (APPLAUSE).

And by the way, Justices Alito and Roberts are two of my most recent favorites, by the way. They really are. They are very fine. (LAUGHTER). And I'm proud of President Bush for nominating them.
Obama's transcript is in a different file. [September 23: In light of the first comment below, I've deleted the excerpt from Obama's transcript, as it might be misleading.]

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