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Samuel Alito and John Roberts
The Associated Press

Justice Samuel Alito, left, and Chief Justice John Roberts, with their families at a White House reception.

Featured Topic | Posted 35 weeks 19 min ago

Could America use more Robertses and Alitos on the bench?

Highlighting an issue he plans to use aggressively in the general election campaign, John McCain on Tuesday decried "the common and systematic abuse of our federal courts by the people we entrust with judicial power" and pledged to nominate judges similar to the ones President Bush has placed on the bench.

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Ben likes: Judicial promise

National Review

The future direction of the Supreme Court is very much at stake in this November’s presidential election. The two or three justices most likely to depart the Court over the next four years -- Justice Stevens, Justice Ginsburg, and possibly Justice Souter -- are liberal judicial activists who routinely read their own policy preferences into the Constitution and who selectively regard their own favored precedents as sacrosanct. If a President Obama or a President Clinton names their successors, the slender operating majority on the Court for liberal activist results on most contentious political issues is likely to be preserved for at least another generation. By contrast, a president committed to nominate, and fight for, justices who will practice judicial restraint offers real hope that the Court may soon be restored to its proper role in our constitutional system. In his speech today, John McCain has provided encouraging evidence that he would be that president. One speech, of course, does not a campaign -- or a Supreme Court appointment -- make. John McCain needs to continue to make the case for judicial restraint and to draw the stark contrast between his views and his Democratic opponent’s on the proper role of the judiciary. If elected, he will need to populate key judge-picking positions -- including the White House counsel and the attorney general -- with experienced advisers committed to his stated goals. (We would rest easier if he threw out a few names now.) And he will need to be ready to devote a lot of political capital to defeat intransigent Democratic opposition in the Senate. Conservatives, for their part, need to do what we can to help McCain live up to his promises.

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Joel likes: McCain's code words

Doug Kendall/Huffington Post

If the proper role of the judiciary is going to be one of "the defining issues of this presidential election," as John McCain asserted today, he should try to develop a coherent position on the topic.

At his speech in North Carolina, McCain expressed his opposition to judges who issue opinions "wandering farther and farther from the clear meanings of the Constitution" and who solve "policy questions that should be decided democratically."

The problem is that the justices McCain hails as the paragons of constitutional fidelity and judicial restraint -- John Roberts and Samuel Alito -- have been quite activist in a number of cases, departing from the Constitution's text and history and sharply limiting important federal, state, and local laws passed by overwhelming popular majorities.

John McCain knows this, of course, because one of the better examples is FEC v. Wisconsin Right to Life, a 5-4 opinion written by Roberts in 2007 which defangs the limits on corporate issue ads imposed by the McCain/Feingold Bipartisan Campaign Reform Act. McCain initiated the suit against Wisconsin Right to Life and when the Court limited his law he called its opinion "regrettable." He is right about that.

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Police officer with laser
The Associated Press

If he doesn't catch you, the camera on his just might.

Featured Topic | Posted 38 weeks 1 day ago

Should cameras replace cops to give out speeding tickets?

Motorists sometimes smile as they speed past a police officer who has another hapless driver pulled over. If Beverly Hills, California, officials have their way, motorists will be smiling for a photo radar camera attached to the police car. The idea is to catch more speeders, slow down drivers and -- yes -- collect more traffic ticket revenue.

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Ben likes: Politicians' hubris takes to the open road

Radley Balko/Reason

There's also a measure of hypocrisy to all of this. Gov. Richardson is a staunch supporter of red-light cameras. Mayor Fenty supports his city's red-light and speed cameras, despite the fact that D.C.'s red-light cameras have been plagued by charges of corruption, poor maintenance and the tendency to issue tickets to innocent motorists. Gov. Rendell presided over the installation of the first surveillance cameras in Philadelphia (after, it's worth adding, a $75,000 campaign contribution from the company that was awarded the contract to install them).

All these politicians have supported laws that could generally be seen as anti-motorist, be it allowing for camera surveillance of public roads, increasing fines and punishments for traffic offenses or adding new offenses to the books. All sanctimoniously sign these bills while mouthing high-minded rhetoric about public safety (usually, such bills are more about generating revenue for city coffers). But the minute "public safety" conflicts with their own sense of self-importance, these politicians are quick to dispense with the laws they expect the rest of us to follow.

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Joel likes: Like them or not, we're getting them

Roy Dyson/Southern Maryland Online

As always, I'll be right up front with you. I don't like the whole concept of "Big Brother" speed cameras. But let's call speed cameras what they really are. Speed monitoring cameras are revenue grabbing wolves masquerading in the sheep clothing of public safety.

I am aware that the Insurance Institute for Highway Safety, the Governors' Highway Safety Association and several public opinion polls nationwide support the use of speed cameras as public safety tools. Studies show that where speed cameras are located, speeding is reduced by as much as 70%. If speed cameras really reduce traffic injuries and fatalities, of course, I would be foolish to oppose them. However, the statistics on speed cameras ability to deter traffic accidents are mixed.

Few things in the world are certain. But one certainty is that government will give the stamp of approval on just about any new way to take dollars from our pockets. I sincerely hope that the speed cameras turn out to be the effective public safety tools they are proclaimed to be. I know they will turn out to be the lucrative sources of revenue they have proven to be. 

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