Posted by PrestoPundit on 05/19/2008

on constitutional adjudication — in the hard cases (the ones that make it to the Supreme Court) Obama promises to appoint judges who throw the world of law and precedent and principles out and go instead with their (left wing) “empathy” and their (left wing) “heart”.  That ought to turn out well.

As I’ve noted here before, this kind of thinking is this is straight out of the leftist / radical play book — throw out the
world of principle and law developed over centuries and replace these
with the subjective policy expediencies of the moment satisfying the
most primitive emotions of the particular individuals on the court,
i.e. replace the rule of law with the rule of men.  This is Hayek and Sowell and Hume and Smith vs. every left wing law professor in the country.  I.e. this is classic liberalism vs. “critical legal studies”, “legal realism”, Ronald Dworkin and all the rest.  In other words, it’s culture war at the highest level and the election of Obama means a loss for our side.


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