Edward Lee Pitts writes in World Magazine:
Obama created a firestorm among conservative legal observers when, during the campaign, he said he wanted to pick judges with the “heart” and “empathy” needed to walk in someone else’s shoes. Conservative legal experts sounded the alarm that this meant Obama wants judges to legislate from the bench. They warned this would lead to activist judges who, believing in a changing Constitution, would use the power of the courts to legislate based on personal beliefs and not the rule of law.
This could remake the courts into a “ruling oligarchy of unelected judges who view themselves as smarter than everyone else” and who indulge in their own policy preferences to force sweeping changes in accepted laws just because they think it is good for us, argues Jordan Lorence, a senior counsel with the Alliance Defense Fund.
