Barack Obama was for the Supreme Court’s three most liberal Justices before he was against them.
Senator Obama has criticized Supreme Court Justices Thomas, Scalia, Roberts and Alito as “the wrong kind of judges for the Supreme Court.”
In the video Obama is asked what sort of person he would appoint to the Supreme Court. He answres that he considers Justices Bryer, Ginzberg and Souter to be “very sensible judges.”
Yesterday the Supreme court ruled that executing a convicted child rapist was unconstitutional because it violated the eight amendment’s prohibition of “cruel and unusual punishment.”
But the court ruled decades ago that the death penalty itself does not violate the Eight Amendment. So how could it be unconstitutional? The majority opinion, written by Justice Kennedy said in part,
A review of the authorities informed by contemporary norms, including the history of the death penalty for this and other nonhomicide crimes, current state statutes and new enactments, and the number of executions since 1964, demonstrates a national consensus against capital punishment for the crime of child rape.
A national consensus? Really?
First, The legitimate, Constitutional role of The Court is to interpret the written Constitution and law, NOT spin and twist the Constitution and law to conform to a dubious, unverifiable “consensus.”
Second, if the court’s perceived “consensus” was real we would not see so many politicians stampeding away from this ruling. No public official has come forward to congratulate the court for showing mercy in sparing the life of this thug who repeatedly raped his 8 year old step daughter.
In our political system the people express consensus NOT through the courts, but through their elected representatives, in this case the Louisiana Legislature. That Legislature passed a law permitting the death penalty for child rape.
Five arrogant justices have stepped out of their legitimate Constitutional role, to overrule the Legislature and The People of Louisiana, based not on an interpretation of the US Constitution or of the law, but on an imaginary “consensus.”
Does Barack Obama agree with this decision to spare a child rapist based on “consensus”? Here’s his reaction to the Court’s ruling:
“I have said repeatedly that I think that the death penalty should be applied in very narrow circumstances for the most egregious of crimes. 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 that under narrow, limited, well-defined circumstances the death penalty is at least potentially applicable, that that does not violate our Constitution.”
Which Justices voted to strike down the death penalty for for a child rapist? Justice Kennedy and the three that Senator Obama held out as “sensible” examples of the kind of judges he would appoint to the court: Justices Bryer, Ginzberg and Souter.
Which Justices voted to uphold the death penalty for this child rapist? The four Senator Obama says are the wrong kind of judges: Scalia, Thomas, Roberts, and Alito.