The biggest surprise from the Supreme Court
term that just ended: Barack Obama hearts the
Roberts court. At the end of June, the Democratic
candidate praised Justice Antonin Scalia’s 5–4 decision
striking down the Washington ban on handgun
possession, a ruling that recognizes the right to bear
arms as an individual right. Two weeks earlier, from
the other side of the ideological spectrum, Obama
praised Justice Anthony Kennedy’s 5–4 decision allowing
enemy combatants to challenge their detentions
in federal courts, a rebuke to the Bush administration’s
policies toward Guantánamo detainees.
Obama’s only major quarrel with the court was the
5–4 decision banning the execution of people who
rape children: he said he has long believed that “the
most egregious of crimes” deserve the death penalty.
When a leading Democrat is criticizing the Supreme
Court for not being conservative enough, it’s time for
liberals to breathe a sigh of relief.