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Obama Presidency: Goodbye, rule of law! Welcome, rule of social “empathy”!

Today's Financial News - Posted October 29, 2008

The net result of an Obama Presidency, supported by a rubber-stamp Congress, is that the legal left will once again have a majority on the nation’s most important regulatory court of appeals.

by Steven G. Calabresi, Wall Street Journal

Baltimore — (TFN): The legal left wants Americans to imagine that the federal courts are very right-wing now, and that Mr. Obama will merely stem some great right-wing federal judicial tide. The reality is completely different. The federal courts hang in the balance, and it is the left which is poised to capture them. (…)

If Mr. Obama wins we could possibly see any or all of the following: a federal constitutional right to welfare; a federal constitutional mandate of affirmative action wherever there are racial disparities, without regard to proof of discriminatory intent; a right for government-financed abortions through the third trimester of pregnancy; the abolition of capital punishment and the mass freeing of criminal defendants; ruinous shareholder suits against corporate officers and directors; and approval of huge punitive damage awards, like those imposed against tobacco companies, against many legitimate businesses such as those selling fattening food.

Nothing less than the very idea of liberty and the rule of law are at stake in this election. We should not let Mr. Obama replace justice with empathy in our nation’s courtrooms.

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