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NOVEMBER 23, 2009


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Washington Blade - Republican presidential nominee John McCain has said he would appoint more conservative justices like John Roberts if he wins the White House.
(Photo by M. Spencer Green/AP)

Republican presidential nominee John McCain has said he would appoint more conservative justices like John Roberts if he wins the White House.
(Photo by M. Spencer Green/AP)

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Supreme Court in the balance
The prospect of McCain appointments to high court should scare us all

HOME > VIEWPOINT > EDITORIAL

Oct 17, 2008 | By: PAUL M. SMITH | COMMENTS

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People may have seemed to cry wolf in the past. But the days when Republican presidents appointed surprise moderates or progressives are now past. So as a community, we have every reason in the world to support Sen. Obama this year. We have a chance to see a president who has championed our rights his entire career. It’s not a chance we should pass up.

COMMENTS

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PolishBear
Spring Hill, WV

0

This is absolutely the crux of the matter. It's not that I think Sen. Obama would make a particular STELLAR President, nor do I think Sen. McCain would make a particularly ABYSSMAL President. But while a Presidency is for only four years, a Supreme Court appointment is for LIFE. And the idea or John McCain or (God forbid) Sarah Palin choosing the next two or three Supreme Court Justices scares the hell out of me. With so many issues of imporantance to Gay Americans hanging in the balance, I just can't fathom how the Log Cabin Republicans would want McCain choosing SCOTUS nominees.

Posted 10/17/08 - 11:21 AM

stephenclark
Washington, DC

0

PB, that's a perfect example of a substantive, fair, and compelling criticism that the community deserves to hear Log Cabin address.

Posted 10/17/08 - 3:15 PM

rpcv84
Laurel, MD

0

McCain voted for Ginsburg and Breyer because, as he said at the last debate, they were qualified. He also said that he'd support interpretors of the Constitution, not activist justices who will legislate from the bench. Sounds good to me, so, what's the problem??

Posted 10/17/08 - 7:32 PM

stephenclark
Washington, DC

0

McCain also made clear he would never have NOMINATED people like Ginsburg or Breyer. The implication that they are the kinds of judges he has in mind is misleading. From a gay perspective, the problem with these code words about "activist justices" and "legislat[ing] from the bench" is that they mean, in concrete terms, judges who would have (1) upheld Colorado's Amendment 2 despite its blatant discrimination against gay people and (2) upheld state laws the render us all unprosecuted criminals for having sex with our partners in our own bedrooms.

Posted 10/18/08 - 7:24 AM

rpcv84
Laurel, MD

0

stephenclark: As for your items #s 1 and 2, I believe those issues are states rights matters. My interpretation of the Constitution is that the Federal government should not meddle in states rights. That applies to abortion, too. I believe you and I have a fundamental disagreement of opinion in the manner in which the Constitution should be interpreted and applied.

Posted 10/18/08 - 11:56 AM

rpcv84
Laurel, MD

0

Or, stephenclark, are you so jaded by your zeal for gay rights/equality that you support whatever interpretation/application of the Constitution best achieves your goals?? If, for example, a socialist/Marxist, like Obama in the words of Joe the Plumber, runs for president you'll support that person because you have some fleeting hope that s/he will be gay supportive?? Sounds to me like a skewed, dangerous approach.

Posted 10/18/08 - 12:04 PM

stephenclark
Washington, DC

0

Oh, rpcv84. I'm fairly centrist when it comes to constitutional interpretation. There are lots of views between the left and right extremes. At any rate, my only point was that McCain has promised to make quite conservative appointments. If Log Cabin embraces your view of the Constitution, that's fine; they should own it and repudiate the Lawrence and Romer decisions, as you seem to. But LCR filed suit challenging "don't ask, don't tell," so it sounds like they don't agree with you. Either way, they ought to address McCain's impact on the courts since they're endorsing him.

Posted 10/18/08 - 1:15 PM

Mr Chris

0

Lets be realistic "states rights"

Especially in the South. Could you imagine what things would be like living in this country as a Gay person, and or a minority?

A DAMN NIGHTMNARE

Posted 10/21/08 - 1:07 AM