May 7th, 2008 • 2:37 amAP’s Bias Showing

Tuesday afternoon, John McCain took Barack Obama to task on the subject of judges. Libby Quaid’s AP article showed how biased they are. Here’s where her bias really showed:

McCain, the eventual GOP nominee, promised to appoint judges in the mold of Roberts and Supreme Court Justice Samuel Alito, saying they would interpret the law strictly to curb the scope of their rulings. While McCain didn’t mention abortion, the far right understands that such nominees would be likely to limit or perhaps overturn the Roe v. Wade decision that legalized abortion.

It’s interesting that Ms. Quaid immediately assumed that conservatives, aka “the far right”, only want strict constructionist justices like Alito and Roberts so we can finally get rid of Roe v. Wade. I’d love hearing Ms. Quaid explain why someone with a pro choice record like Rudy Giuliani wants strict constructionist judges, too.

McCain’s speech certainly gained him support amongst social conservatives, especially considering how he tied into Obama:

“Senator Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done,” McCain said. “But…he went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee.”

This is smart politics for Sen. McCain because he’s higlighting the fact that Sen. Obama has talked the talk but that he hasn’t walked the walk of being a postpartisan.

Obama’s response won’t win him many votes with independants:

In response, Obama’s campaign said McCain would pick judges who would threaten abortion rights as well as McCain’s own campaign finance reform bill.

“What’s truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves,” Obama spokesman Tommy Vietor said.

Obama’s spokesman sounds like every other liberal. Sen. Obama isn’t a new of Democrat. He’s just another liberal who thinks that judges should be the second legislative branch, specializing in social policy. Here’s another glimpse into Ms. Quaid’s extreme bias:

The Arizona senator said his role models interpret the law strictly, paying attention to what lawmakers intended, as opposed to “activist” judges who, by striking down statutes or court decisions, make laws rather than interpret them. “Activist” is a term conservatives use pejoratively to criticize liberal justices.

What’s galling is that liberals like Ms. Quaid make apparent is their utter lack of respect for the Constitution. The principles outlined in the Constitution are the greatest set of governing principles ever written. That’s of little consequence to extremists like Ms. Quaid. Here’s how Ms. Quaid attempts to spin Kelo v. New London:

In the private property case McCain mentioned, the Supreme Court chose to defer to local officials rather than impose their own will from afar. Justice John Paul Stevens, in his majority opinion, wrote of the court’s “long-standing policy of deference to legislative judgments in this field.”

That isn’t what the liberals on the court did. What they did was rewrite settled law. They chose to expand a state’s or a city’s powers well beyond the Founding Fathers’ intent. They essentially said that property rights don’t exist anymore.

In a post-Kelo world, all that’s required is for a developer to tell a unit of government that they have plans for a new development that’ll bring in lots of new tax revenue to that government’s coffers. That’s hardly what the Founding Fathers had in mind.

I recall seeing a segment on Hannity and Colmes right after the Kelo ruling in which a developer bought land in northern California and was going to develop it. The city used Kelo to take the property away from that developer. The city then sold it to another developer. I don’t think it’s coincidence that that developer was one of the mayor’s cronies.

All things considered, I’d bet that more people prefer strict constructionist judges than activist justices. That’s because they’d rather have legislators legislating instead of having unaccountable justices writing laws.

Let’s hope that Sen. McCain keeps pushing this issue. It’s one of the best arguments for electing John McCain.

As for the AP, they’re making themselves irrelevant because their bias is an affront to thoughtful people.

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  1. Looks like Libby Quaid was the same reporter who brought us that “McCain temper” piece a few months back. We may be able to observe a pattern here…

    As for “activist judges”, I’m not sure there’s a clear understanding of what this means on either side of the aisle. Any judge who interprets the law and gives a ruling is “making” law in one sense or another; that’s why we call it “case law”. What these “activist judges” do is appeal to sources they ought not appeal to in deciding a case. Examples of these sources might be polls, the number of states that have adopted X way of doing something, laws of other nations, etc. In effect they reduce the law to a kind popularity contest or means by which the personal values of the judge become the rule for millions of American citizens.

    Comment by Phidippides • 07May2008 @ 9:48 pm





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