{"id":24,"date":"2008-08-25T12:32:15","date_gmt":"2008-08-25T12:32:15","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/08\/obamabiden-and-the-supreme-cou.html"},"modified":"2008-08-25T12:32:15","modified_gmt":"2008-08-25T12:32:15","slug":"obamabiden-and-the-supreme-cou","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/08\/obamabiden-and-the-supreme-cou.html","title":{"rendered":"Obama-Biden and the Supreme Court: A Stark Contrast"},"content":{"rendered":"

Senator Obama’s selection of Senator Joe Biden of Delaware will, undoubtedly, represent a sharp contrast with Senator McCain and his running mate.  <\/span>As I’ve mentioned in a previous post<\/a>, the issue of the direction of the Supreme Court of the United States is literally at stake in this next election.  Two sharp contrasts have emerged through the nomination process.  <\/span>For those who share a conservative judicial philosophy, the prospects of an Obama-Biden Supreme Court selection is troubling.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

Here’s the contrast:  <\/span>Senators Biden and Obama both voted against the confirmation of Chief Justice Roberts and Justice Samuel Alito to the Supreme Court of the United States.  <\/span>Senator McCain voted in favor of both of them and participated in brokering the “Gang of 14” compromise which, in fact, allowed Chief Justice Roberts and Justice Alito to get up or down votes.  <\/span>In stark contrast, Sen. Biden not only voted “no,” but also voted to support a filibuster of Sam Alito.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

Justice Alito was confirmed by a 58-42 margin in the United States Senate.  <\/span>In commenting on why he voted “no” to Judge Alito, Sen. Biden said:  <\/span>“I think Judge Alito should not be on the court.  <\/span>He’s a decent man with wrong ideas.”  <\/span>Never once does Sen. Biden acknowledge the tremendous academic record of Justice Alito, who attended Princeton University for his undergraduate education and Yale for law school. As I mentioned, so concerned over the nomination of Sam Alito, Sen. Biden supported efforts for a filibuster staged by the Democrats which I called “an act of complete desperation.”  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

Sam Alito served in the Justice Department as well as a judge on the U.S. Court of Appeals for the Third Circuit.  <\/span>He’s considered one of the best legal minds in the country.  <\/span>Yet when he came before the Judiciary Committee, Sen. Biden said, “When I look at all the evidence before us, Judge Alito’s writings, his statements, his judicial records and his opinions, and the little we learned about him in these hearings, I am forced to conclude that he should not serve in the Supreme Court.  <\/span>I will vote no.” Sen. Biden’s leadership in trying to derail the nomination of Sam Alito should cause pause for those conservatives who are considering the idea of supporting the Obama-Biden ticket.  <\/span>Despite Sen. Obama’s well-intentioned plans to reach out to evangelicals, the “no” votes on the confirmation of Chief Justice Roberts and Justice Alito will serve as a warning sign.  <\/span>It must be remembered that both Sen. Obama and Sen. Biden voted against <\/i>both Roberts and Alito.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

Concerning John Roberts, Senator Biden, who serves on the Judiciary Committee, said, “I have serious doubts that Judge Roberts will fall into the category of the justices from Chief Justice Marshall to Souter, Kennedy, Ginsburg, O’Connor, who look at the Constitution, quoting Marshall, as a Constitution intended to endure for the ages to come, and consequently to be adapted to the various crises of human affairs. That’s an expanding document.”  <\/span>Sen. Biden went on to note that he had “closely reviewed Judge Roberts’ past writings as a political appointee and a government lawyer, his personal statements and commentaries during his tenure in private practice and his testimony before this committee.”  <\/span>After considering all of this, Sen. Biden voted “no” as did Democratic Presidential Nominee Barack Obama. <\/font><\/p>\n

 <\/font><\/p>\n

John Roberts is one of the preeminent constitutional scholars and advocates in U.S. history.  <\/span>I have had the privilege of arguing alongside Chief Justice Roberts as well as against him in cases.  <\/span>He is a tremendous advocate who has a total grasp of the Constitution.  <\/span>He fundamentally disagrees with Senators Obama and Biden’s view of constitutional interpretation.  <\/span>The Constitution cannot be effectively amended simply because a majority of the Supreme Court Justices say so.  <\/span>The Constitution can be amended only<\/i> by the people.  <\/span><\/i>This is what our constitutional Republic requires.<\/font><\/p>\n

 <\/font><\/p>\n

Although there has not been much discussion on the issue of judicial nominees so far in the political campaigns–other than the excellent question to Barak Obama <\/a>and John McCain <\/a>posed by Rick Warren at the Saddleback Forum  – the issue is now sure to be front and center.   <\/span>Senators Obama and Biden voted against Roberts and Alito; Senator McCain voted for them.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

As previously mentioned, despite Sen. Obama’s attempt to reach out to the conservative, evangelical and pro-life Catholic base of the Republican Party, the Supreme Court nominee history will thwart that effort.  <\/span>Young evangelicals are just as committed to the issue of life as their parents’ generation.  <\/span>Young people of faith understand the role of the Supreme Court in our constitutional Republic.  <\/span>These same young people will look at the evidence and realize that Sen. Obama and Sen. Biden voted against two of the best-qualified Supreme Court nominees we’ve had in our lifetime.<\/font><\/p>\n

 <\/font><\/p>\n

Barry, you should be thrilled with the prospect of a change in the direction of the Supreme Court. I certainly would not be.<\/font><\/p>\n

 <\/font><\/p>\n

 <\/font><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Senator Obama’s selection of Senator Joe Biden of Delaware will, undoubtedly, represent a sharp contrast with Senator McCain and his running mate.  As I’ve mentioned in a previous post, the issue of the direction of the Supreme Court of the United States is literally at stake in this next election.  Two sharp contrasts have emerged…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6,2,3],"tags":[],"class_list":["post-24","post","type-post","status-publish","format-standard","hentry","category-abortion","category-courts","category-election-08"],"yoast_head":"\nObama-Biden and the Supreme Court: A Stark Contrast - Lynn v. Sekulow<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/08\/obamabiden-and-the-supreme-cou.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Obama-Biden and the Supreme Court: A Stark Contrast - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/24","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=24"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/24\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=24"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=24"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=24"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}