In the debate in St. Louis last Friday evening John Kerry said, "Now, here's what I believe. I don't believe we need a good conservative judge, and I don't believe we need a good liberal judge. I don't believe we need a good judge of that kind of definition on either side."
He then followed his claim to be uninterested in whether a judge is liberal or conservative by conjuring an image of a liberal jurist: "The future of things that matter to you - in terms of civil rights, what kind of Justice Department you'll have, whether we'll enforce the law. Will we have equal opportunity? Will women's rights be protected? Will we have equal pay for women, which is going backwards? Will a woman's right to choose be protected? These are constitutional rights, and I want to make sure we have judges who interpret the Constitution of the United States according to the law."
Last May the Senator spoke these words: "I believe that a woman's right to choose is a constitutional right, I will not appoint anyone to the Supreme Court who will undo that right."
In other words, Kerry will not, contrary to what he said Friday night, appoint a conservative justice to the Supreme Court who disagrees with him on whether there is anything in the constitution guaranteeing a woman the right to terminate a pregnancy. If this is Senator Kerry's position, so be it, but it is simply disingenuous of him to suggest that ideology doesn't matter, as if he were only interested in finding the best qualified person for the job. He isn't. By his own admission, if the best qualified person has a strict constructionist view of the constitution he would have no chance of serving on a Kerry court.
Whichever man is elected president on November 2nd will probably have the opportunity to profoundly restructure our highest judicial Court. Justice John Paul Stevens, a liberal appointed by President Ford, is 84. Chief Justice William Rehnquist, a conservative first appointed by President Nixon and then elevated to chief justice by President Reagan, just turned 80. Sandra Day O'Connor, a Reagan appointee who often votes with the liberals, is 74. Ruth Bader Ginsburg, a Clinton appointee who anchors the court's left, is 71. At 56, Clarence Thomas, a conservative, is the only justice under 65.
It's possible that the next president will have the opportunity to make four appointments to the Bench. That's why this election is so important in the eyes of so many. The next president will not only decide the future of the war on terror but the direction of law in this country for the next fifty to a hundred years. The choice is between a man who would appoint people to the Court who believe that we should interpret the constitution in light of what its authors intended (Bush), and a man who believes that the constitution should be interpreted to conform to current political and social fashion (Kerry). Senator Kerry's claim that a judge's ideology doesn't matter to him is nonsense.
Thanks to Captain's Quarters for some of the above.