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May 7, 2008
Judicial restraint: The decision of the century
Posted: 10:12 AM ET

Faye Wattleton
President, Center for the Advancement of Women

Sen. John McCain spoke yesterday about the need to appoint Supreme Court justices committed to judicial restraint and the Constitution’s original intent. Senators Hillary Clinton and Barack Obama have been remarkably inarticulate over arguably the most important outcome of the 2008 presidential election.

The Court is delicately balanced. Last year’s decision by the Court (Gonzalez v. Carhart) to criminalize a method of abortion, even when a woman’s health is jeopardized, eliminated one of Roe v. Wade’s seminal protections. It was decided by a 5-4 majority, favoring a specific religious view of the fetus. In Ledbetter v. Goodyear, 5 to 4 of the Justices denied the right of a worker to seek pay equality after 19 years of discrimination.

Whoever gets elected President in November will make the decision of the century –whether judicial restraint or activism is more important in the Court that arbitrates the rules of our society.

Editor’s note: Faye Wattleton is former president of Planned Parenthood, a nonprofit family planning organization that provides reproductive health, maternal and child health services, and presents birth control options and abortion services.

10 Comments
Filed under: Barack Obama •  Hillary Clinton •  John McCain •  Raw Politics •  Supreme Court
10 Comments
Charlotte D   May 7th, 2008 10:32 am ET

Faye,

Everytime I say to myself, John McCain seems to be a decent sort of guy, he might not be too bad of a President–I hear comments that pull me right up into a thinking position. Oh my gosh, the next President may or may not be able to do much about ending the war in Iraq or solving the huge problems with health care or immigration or the economy, but he or she will affect the USA for decades to come by whom they support for the Supreme Court. That will be their legacy even if the average citizen can’t remember which Justice was appointed when.

McCain’s promise that he will appoint Justices in the same vein as Bush’s appointees, seals the deal for me. I just hope that Barack or Hillary will not be too beat up to finish the race once the trial runs are over.

Charlotte D, Stockton CA

Cindy   May 7th, 2008 10:48 am ET

The next president will definitely play a huge role in determining the future laws of this country. They will get to seat the next open space in the Supreme Court and that could either turn the tide towards religious convictions or against it. I hope we as a nation remember that and choose the best for us all. We can’t afford for this country to fall backwards instead of moving forwards.

Kennyb   May 7th, 2008 11:23 am ET

Sen. Mccain talking about what type of judges he want to appoint to the Supreme court is the least worry of most americans at the moment. He should be elaborating more on real economic issues and the never-ending war in Iraq and Afghanistan. He is a good man but his time has come and gone- he should have been the nominee in 2000. Now his ideals are obsolete and will make the middle and lower class worst off than they are now.

Brad Kopp   May 7th, 2008 12:03 pm ET

I cannot believe we are knocking off a more qualified candidate in Hillary. How dare us for sending the Clinton family home, they are so inspiring to all Democrats. Obama is a unknown and is a turn off to moderates. The liberal elite are starting to take over this party and I am sick of it. African Americans are loyal democrats but they vote Obama for one reason…CAUSE HES BLACK. I am telling you the polls are correct..this is a die hard lifelong always voted Democrat who backed Hillary who will vote for House/Senate Democrats but for Mccain in the general. I do not think Mccain is like Bush at all and do not buy it. This is the anti liberal stealing of our party and our longtime candidates…goodbye and I hope Obama gets his teeth kicked in the general. Him & his racist anti american wife.

Dennis   May 7th, 2008 4:34 pm ET

Wow Brad you sound pretty bitter!! Sometimes I wonder WHAT election people are watching. I’m black. I started out supporting Hillary over Obama, but then was soured by her lowball tactics. You call the stuff that she has been doing in this election INSPIRING????

If black people voted for Obama JUST because he was black, then why didn’t we vote en masse for Alan Keyes, Jessie Jackson, Carol Mosley Braun, and Al Shapton when they ran for president?

You are right about one thing: We are loyal to the democratic party and in general elections a similar high majority of blacks vote for the democratic nominee, but I must say, when that democratic nominee is perceived as having high integrity, a person of great character, has a great message, is attracting people of all ethnic groups, parties, and backgrounds, and THEN HE IS BLACK AND HAS A CHANCE TO WIN? You are damn skippy that we are voting for him. Enough said!

Floridian   May 7th, 2008 11:39 pm ET

The Supreme Court is already stacked with conservatives and we probably won’t have a retiree in the next four years. BUT, did I hear McCain correctly today to say that he thinks FISA warrants should be used to prosecute narcotics offenses and human trafficking b/c he thinks they are a threat to national security??? Is he familiar with the Fourth Amendment? I want a president that respects the constitution, not one that just wants votes.

Jane, Detroit, MI   May 8th, 2008 1:01 am ET

So sad to see Hillary supporters in love with McCain, when Hillary herself has said several times that no matter who is the nominee, the democrats must stay together and support the candidate. They won’t even listen to their own beloved Hillary. So pitiful. All I can say, is if you flip to McCain when Obama is the nominee, you will get what you deserve, four more years of the same. I guess you like the way the economy has been the last 7 years, so enjoy, you’re gonna have another helping of Bush politics.

Erik Karmel   May 10th, 2008 12:07 pm ET

Mr. McCains whole point on what was the original intent of judicial authority is false,.. But it is an opinion shared by alot who should now open their eyes.. I see the constitution as a living peace of national morals set up to help us all.. Its time we the people add to the 27 amendments that have.., made us still for good and bad the most powerful and influental country of all time. Karmel

Charles   May 12th, 2008 11:45 pm ET

This one issue alone should convince a lot of people that regardless of who the nominee is, a Democrat will be much better than a Republican. I like John McCain. He is very personable; he makes fun of himself. He comes across as an average person.

And a lot of his political views are in line with a lot of what many people think. Unfortunately, on very critical issues he is in line with some of the most conservative members of his party. And those critical issues are: the Economy, the Judicial system of the United States, and Foreign Policy……the ones most Americans are concerned with.

J.V.Hodgson   May 13th, 2008 5:23 am ET

Keep the courts out of the abortion issue and also the constitution.
You talk about privacy of the individual and the rights of individuals.
How many womens lives and the lives of unwanted children result in misery, poverty, deprivation that neither the court or constitution can possibly judge.
Freedom of choice is an inalienable right of the individual, not a court, or any religious group who can lobby politicians.
The point is each individual case (abortion) or reasons therefore is different as are the people involved.
The law has no place in this discussion. Keep the Law and religion out of it, they are both irrelevant.
Kick out even Roe Vs Wade and get the politicians to legislate it is simply an individual right and choice of the mother/family. All good catholics or other religions opposed to that can have the confidence that thier religious training and strictures will be followed.
reuth is they failed so they turn nonsensically to the law and the constitution for thier minority view.
Regards,
Hodgson.

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