Curt Levey of the Committee for Justice published a truly frightening post at on November 3, “Obama Supreme Court is the stuff of nightmares.” Levey is an attorney and an expert on the U.S. Supreme Court.

While attention has been given to the consequences of an Obama re-election to the Supreme Court, Levey lays out the actual future, and it would be devastating. The America we are trying to hold on to would be gone.

Levey spells it out:

Here are the sobering facts. There are already four solid liberals among the nine Justices on the Court.  Of the five center-right Justices, two – Kennedy and Scalia – will turn 80 in the final year of a second Obama term.  Should either retire or die, Obama will put a reliable liberal on the Court (no Democratic president has failed to do so since JFK).  The result will be a liberal majority on the Court that can do whatever it wants, unrestrained by the precedent and constitutional text that conservative judges look to….

Think about it: if Obama is re-elected, there’s a 75% chance of a return to the ultra-liberal Warren Court era that began with Earl Warren’s appointment as Chief Justice and persisted, past Warren’s 1969 retirement, into the 1970’s.  During that time, the Supreme Court gave us Roe v. Wade, school busing, a ban on the death penalty, and a radical separation of church and state, to name just a few of the Court’s activist excesses.  The Obama Court would probably be like the Warren Court on steroids….

To give people a better feel for what this would mean for America, I looked at the sort of decisions an Obama Supreme Court might issue.  I narrowed them down to the ten worst rulings we might plausibly see:


#10 – A ban on voter ID laws, making it impossible to stop voter fraud.

#9 – Carte blanche for hate-speech laws that ban videos and other expression deemed offensive to Muslims and other minorities.

#8 – Abolition of the death penalty.

#7 – A prohibition on tuition vouchers being used for religious schools, crippling the school choice movement.

#6 – Elimination of all legal limits on racial preferences for minorities.

#5 – A requirement for taxpayer-funding of abortions through the third trimester of pregnancy.

#4 – Invention of a constitutional right to gay marriage that would trump all state laws and religious objections.

#3 – Striking down, as unconstitutional discrimination, any serious attempt to curtail the flow of illegal immigrants into the country or to deny them government benefits.

#2 – Elimination of an individual right to possess firearms.

#1 – Enshrinement of welfare and government-provided healthcare as constitutional rights, thus fulfilling Barack Obama’s dream of a Supreme Court willing to bring about “redistribution of wealth” by “break[ing] free from the essential constraints that were placed by the Founding Fathers in the Constitution.” (quoting 2001 PBS interview with Obama)]

[Top photo via]

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