So let's see - Obama's FISA flip-flop was not cowering it was, uhh, tacking to the bipartisan center!
Senator Barack Obama, the presumptive Democratic nominee, said, “I think that the rape of a small child, 6 or 8 years old, is a heinous crime, and if a state makes a decision under narrow, limited, well-defined circumstances, that the death penalty is at least potentially applicable, that does not violate our Constitution.” He added that the Supreme Court should have set conditions for imposing the death penalty for the crime, “but it basically had a blanket prohibition, and I disagree with the decision.”
Is there a "Libs For Death" chapter in Hyde Park, or anywhere? My goodness, his position seems awfully... expedient. Does anyone think this ruling will prompt Obama to call for more judges like Alito and Roberts? As if. [And see MORE for Obama on judges.]
And what about the latest Supreme Court ruling striking down the Washington DC gun ban? More Obamafuscation:
With the Supreme Court poised to rule on Washington, D.C.'s, gun ban, the Obama campaign is disavowing what it calls an "inartful" statement to the Chicago Tribune last year in which an unnamed aide characterized Sen. Barack Obama, D-Ill., as believing that the DC ban was constitutional.
"That statement was obviously an inartful attempt to explain the Senator's consistent position," Obama spokesman Bill Burton tells ABC News.
The statement which Burton describes as an inaccurate representation of the senator's views was made to the Chicago Tribune on Nov. 20, 2007.
In a story entitled, "Court to Hear Gun Case," the Chicago Tribune's James Oliphant and Michael J. Higgins wrote ". . . the campaign of Democratic presidential hopeful Barack Obama said that he '...believes that we can recognize and respect the rights of law-abiding gun owners and the right of local communities to enact common sense laws to combat violence and save lives. Obama believes the D.C. handgun law is constitutional.'"
When Obama has been asked on multiple occasions to weigh in on the D.C. gun case he has regularly maintained that the Second Amendment provides an individual right while at the same time saying that right is not absolute and that the Constitution does not prevent local governments from enacting what Obama calls "common sense laws."
Although he has been willing to describe his general views on this topic, Obama has sidestepped the question of whether the ban in the nation's capital runs afoul of the Second Amendment.
Asked by ABC News' Charlie Gibson if he considers the D.C. law to be consistent with an individual's right to bear arms at ABC's April 16, 2008, debate in Philadelphia, Obama said, "Well, Charlie, I confess I obviously haven't listened to the briefs and looked at all the evidence."
That's leadership! My goodness, is Obama running for President or imagining that he is being queried at a Senate confirmation hearing weighing his appointment to the bench? Well, since he hasn't looked at the case it is hardly reasonable to ask whether he agrees or disagrees with the ruling. Here is more "wait and see" waffling from Obama in the WaPo.
But he does not cower.
Jim Geraghty brings it together:
I expect a lot of discussion about judicial nominations on the trail in coming days, considering that four of the justices ruled that a state cannot sentence a child rapist to the death penalty, but that state can deny almost all of its citizens the right to own a gun. And when asked for his model justices, Obama listed three of those four...
Obama has also praised current Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter. "I want people on the bench who have enough empathy, enough feeling, for what ordinary people are going through," Obama said.
...Whoever is elected in November will probably have the chance to appoint at least one justice in the next presidential term. The court's two most liberal justices are its oldest: John Paul Stevens turned 88 last month, and Ruth Bader Ginsburg is 75.
McCain promised that, if elected, he would follow President Bush's model in choosing Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr.
In the normal course of events Scalia, Thomas, Alito and Roberts wouldn't be expected to step down during an Obama administration. However, Obama is committed to appointing more judges like Breyer, Ginsburg and Souter, presumably so that the Court can deliver more rulings with which he can disagree.