Homo economicus’ Weblog

Eddie Tabash just sent me an e mail which confirms his fears about who John McCain would appoint as a Supreme Court Judge.

McCain has sent out an e mail to supporters:

There may be at least two vacancies on the United States Supreme Court during the next presidential term. As president, I will ensure that only those judges with a strict interpretation of the Constitution of the United States are appointed. I will nominate judges who understand that their role is to faithfully apply the law as written, not impose their opinions through judicial fiat.

If you want judges who have a clear, complete adherence to the Constitution of the United States and who do not legislate from the bench to serve on the U.S. Supreme Court, then I ask that you join my campaign for president today by making a financial contribution.

I am proud to have played a role in the appointment and nomination of two great Supreme Court justices – Chief Justice John Roberts and Justice Samuel Alito I need your support now so that as your president I can nominate judges like Justices Roberts and Alito – judges who have proven themselves worthy of our trust. Judges who take as their sole responsibility the enforcement of laws made by the people’s elected representatives. Judges who can be relied upon to respect the values of the people whose rights, laws and property they are sworn to defend.

With regards Justice Roberts he was opposed by the Council for Secular Humanism not least for his views on church and state and view of Roe V Wade. Judge Alito is a libertarian who is more concerned that secularists and religious people are treated fairly in the same situation – for example a secularist exemption from shaving means that a religious exemption from shaving must be allowed too (that happened).

The reason McCain promotes these particular two judges in his e mail? In short:

• Regan boys at the White House
• Religious
• Personal views on abortion
• McCain needs money from people that like these judges

In short it is a way of encouraging the religious right to support him. To make that clear McCain goes on:

My friends, the future of our country and of the Supreme Court is at stake in this election. If either Senator Clinton or Senator Obama is elected, both of whom voted against confirming Chief Justice Roberts and Justice Alito, they will elect activist judges. They will elect judges who legislate from the bench.

I’m sure I don’t have to remind you how important even one vote on the Supreme Court can be. Issues concerning states’ rights, abortion, affirmative action, the Second Amendment, and religious freedom have all been decided by a very slim 5-4 margin.

It all depends on how you want to define what secularism is. My own view is a libertarian one – that the state should allow it’s citizens to practice religion as a personal matter. That it belongs in the private sphere, and that government is only concerned with people being free to pursue their own individual liberty in that right. That right includes not having a religion, and not having to take part in religious observations or rites, with no penalty for not doing so nor special favour given by the State to those who do as opposed to when others do not. Why I do see secularism as protecting human rights can be found here.

So McCain reveals his hand. I am sorry I had to part with you; I have admired you from across the pond for some time. I agree that the choice of Supreme Court judge will effect America greatly – and I fear your choices will create one that denies people the liberty to make their own informed choices (from abortion to sex education).

The world has seen what the religious right in America has done on the global stage in that regard also, and more. For this, and many more reasons, I hope that Obama wins the nomination and goes on to the White House. But if any of the Republican of the nominees was to win the White House I would want it to be you – and it is with regret that I would not support you.