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Judicial Activism, the Election, and the Gay Marriage Case

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Peter Brown of the Quinnipiac U. Polling Institute has this post on the WSJ Political Perceptions blog regarding the impact of the California gay marriage case on the presidential election.

By overturning a ban on gay marriage that was approved by 61% of California voters, the judges have helped revive an emotional issue that seems likely to work to Sen. McCain’s benefit and to Sen. Barack Obama’s detriment....
The specifics of the decision - in which the seven-member court overruled the will of a sizable majority of Californians - is tailor-made for an issue that Sen. McCain has already been pushing: His claim that he, unlike Sen. Obama, would not appoint judges who disregard the will of the people and make, rather than interpret, the law.

CJLF takes no position on the gay marriage issue, but we are definitely opposed to "appoint[ing] judges who disregard the will of the people and make, rather than interpret, the law."

David Savage has this article in the Los Angeles Times.

"Much as I like and respect Barack, I think his vision of judging couldn't be more wrong," said Bradford Berenson, a Washington lawyer who worked in the current Bush White House and knew Obama at Harvard Law School. "Whereas McCain wants our judges and Supreme Court justices to be faithful to the Constitution . . . and decide cases according to law, Barack seems to think judges should systematically favor certain parties or groups and decide cases according to their personal sympathies or feelings about how who needs or deserves help."

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