Saturday, August 2, 2008

McCain should use Supreme Court to sway wary conservatives.

Despite the fact that McCain has cut into and in some polls eliminated Obams lead, McCain is still having trouble convincing some conservatives to go to the polls on Election Day. I've always known that the Supreme Court could be used to rally these conservatives. However I did not realize the significance of this particular election until I saw a list of the Justices by age on another blog.

There are four justices over seventy years of age: Stevens 88, Ginsberg 75, Scalia, 72 and Kennedy 71. Out of these four only Scalia would be considered conservative. Stevens and Ginsberg the two oldest justices are extreme liberals, and Kennedy is a moderate. While Bush did have a chance to replace two Supreme court Justices they were both conservative O'Conner and Rehnquist. So his replacements while great for Conservatives did not change the balance of the court. However with Stevens being 88 years old there is a significant chance he will retire shortly. Giving conservatives the chance to change the balance of the court under a Mccain Presidency.

The three youngest members of the court are all conservatives. Justices Thomas 60, Alito 58 and Roberts 53 they will probably all be around for the next twenty years. Add two more fifty something conservative Justices to the Court in the next four years and we will control the court for a generation. This could lead to rulings such as the overturning of Roe Vs. Wade, a reserval of the Kelo decision, The court finding there is no constitiutional right to marry (gay marriage) along with a host of other important issues. There is also a chance Kennedy and Scalia both retire if they believe they will be replaced by conservative Justices, not likely but possible.

Let's take a look at this from the opposite view. Let's say Obama wins the election, (my body trembles at the thought) what happens to the court if say Scalia 72 retires. Obama would chose a liberal to replace him. Along with Stevens replacement that would give the liberals control of the court: Ginsberg, Souter, Breyer, Stevens replacement and Scalia's replacement. Ginsberg would probably also retire until such a scenario. Three young liberals Justices who will be there for thirty years each. Gay marriage is declared constitutional, The partial birth abortion ban is overturned, Kelo decision stands. Also with Justice Kennedy likely to be the only Justice to be replaced in the next ten years, under this scenario. Their will be no chance to undue what is done to the Court has a result of this election. To quote George W. Bush, "elections have consequences. "What will the consequences be of this election?

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