In consideration of the votes of the four dissenting members of the court yesterday, one must also look with some depth into the two (now liberal) members appointed by Republican presidents, and when you review their judicial backgrounds before appointment to SCOTUS, you will find that, in large part, these two DID have "constructionist" records in their decisions on lower courts from whence they came.........they became "liberals" after they served on the high court for a number of years.
I have heard it discussed by students of the Supreme Court that the liberal social environment in DC has an unfortunate habit of being somewhat ideologically corrosive, and if an individual justice is steeped in it long enough, and allows these factors to weigh on their opinions, this type of ideological change can occur.
I therefore, cannot blame the Republican presidents who appointed these justices to the bench, as they made their selection based on the best information that they had at the time......what happens after that.....well, just happens........there are no guarantees.
Whether or not John McCain will appoint justices in the mold of Antonin Scalia is unknown, and if he appoints one or two, it is also unknown whether the new justice will "stay" that way. One must also consider that the justices that are hanging on by their fingernails are all of the liberals on the court, so if we end up with a liberal in the White House the appointees are not likely to change the complexion of the court to any great extent. I would also posit that there is historical precedent for a "liberal" justice to swing the other way as well, so all of these factors pretty much become a strictly academic exercise. I doubt that even Obama can find a more liberal judge than Ginsberg, or Souter
As an aside, those of us who are staunch supporters of the 2nd Amendment owe a great debt of gratitude to an individual whose name has not surfaced in the press at all, and is unlikely to do so. This person is Robert Levy, with the Cato Institute, who single-handedly, out of his own pocket, funded the legal fight in Heller vs DC. Hats off to Mr. Levy, the nation owes you thanks........BTW, I'm told that ironically, Mr. Levy does not even own a gun......
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