Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, May 7, 2008

Judges and justice

Responding to Sen. McCain's recent speech on judges and the Constitution, Sen. Obama issued the following statement:

The Straight Talk Express took another sharp right turn today as John McCain promised his conservative base four more years of out-of-touch judges that would threaten a woman's right to choose, gut the campaign finance reform that bears his own name, and trample the rights and interests of the American people. Barack Obama has always believed that our courts should stand up for social and economic justice, and what's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves.

Let's put aside, for now, the claim that Sen. McCain promised judges who would "trample the rights and interests of the American people."  What about the suggestion that "our courts should stand up for social and economic justice"?  Should they really?  What does this mean?  What do / should we think about this suggestion?  Discuss!  [Disclosure:  I am a member of Sen. McCain's "Justice Advisory Committee".]

Update:  Bainbridge weighs in.  Other thoughts?  Let's even put aside the question, about which we all know we here at MOJ disagree, about whether, on balance, Sen. Obama or Sen. McCain is the better choice for President.  And, let's take it as given -- as we should -- that we all, despite our disagreements, believe that politics should aim at achieving and protecting "social and economic justice".  What do we think about the proposal that "courts should stand up for social and economic justice"?

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/05/judges-and-just.html

Garnett, Rick | Permalink

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