Judgeships- An Important Election Issue

One of the issues that has been overlooked in this election is the issue of judicial appointments. It should become bigger in the general election when the voters will see the difference between what John McCain would appoint to the bench vs what Clinton or Obama would. Many conservatives are displeased and disappointed that McCain is the Republican nominee. I believe-but I am not convinced beyond a shadow of a doubt-that he would appoint conservative, constructionist judges. I know that Obama or Clinton would appoint liberal, activist judges.

As a yardstick, all we have to do is look at the last two Democratic presidents, Carter and Clinton. They routinely appointed liberal judges to the federal bench. Fortunately, Carter wasn't able to appoint any Supreme Court justices. However, as a DEA agent, I saw first-hand how Carter-appointed federal judges gave slap-on-the-wrist sentences to convicted drug traffickers. Clinton appointed similar judges to the federal bench and put the two arguably most liberal judges, Stephen Breyer and Ruth Bader Ginsburg on the Supreme Court. (True, Republicans have also goofed on Supreme Court appointments; George HW Bush put David Souter on the Court. Eisenhower appointed Earl Warren as Chief Justice, an appointment he later called his greatest mistake.)

George W Bush, notwithstanding the Harriet Miers fiasco, has made two good choices in Sam Alito and John Roberts for the Supreme Court. He has also done well with other appointments to the federal bench though Democrats have fought him every step of the way. Both sides realize how important judgeships are. They outlast the president's term by decades.

In general terms, it can assumed that Democrats will appoint liberal, activist judges to the courts who will make their own law according to their personal philosophy. Republicans, generally, will appoint conservative judges, who will be tougher on crime. There are exceptions, to be sure, but that is a general assumption.

This is another huge reason why conservatives must reconsider their opposition to McCain. When it comes to judicial appointees, we can at least hope that he will not "reach across the aisle". With Obama or Clinton, there is no doubt of what they will do.