Sorry to be morbid but there’s a strong statistical possibility that one of the current justices will move on—whether retiring or expiring—in the next four years and that the next president will once again be called upon to nominate someone for the highest Court in the land.

We’re a few weeks away from the presidential election and at the halfway point in this series of columns. Therefore, before we tackle this week’s issue, it’s appropriate to pause and assess the current situation.

In the first election column I referred to this series as a summit quest; a challenge to leave more nonsensical items of the campaign silly season behind and equip ourselves only with the truth as we tackle important issues. In it I also laid out a few irrefutable facts and circumstances that would serve as underlying assumptions, or “base camp,” for our climb and warned that the closer one gets to the summit, the thinner the air would become. Little did I know how prescient this analogy was; even former Vice President Al Gore blamed President Obama’s horrific debate performance in Colorado on altitude sickness.

Whether it was his fumbling answers or Mitt Romney’s Cosa Nostra-like threats to public television—kissing Big Bird on one cheek while plunging a knife beneath his wing—our ascent must take into consideration current events and the candidates’ performance. As far as the first debate is concerned, Romney took command of the evening and ran the proceedings as though he was giving a Power Point presentation. He was concise, efficient and direct, never once allowing the facts to stand in his way. Obama was riddled like Sonny at the Causeway as jubilant Romney fans took to the airwaves and social media to pounce on bewildered liberals.

Great fun.

As stunned as I was by this turn of events, it changes nothing with respect to my analysis of the election because both President Obama and Gov. Romney have substantial records and demonstrated beliefs that are far more illuminating than the debates. Moreover, our country’s challenges remain the same, as do the circumstances in which we live. It’s why policies and issues are more important than one’s ability to annunciate them in less than two minutes. I’m not questioning the importance of the debates as far as campaigning is concerned, but nothing said between the two men can alter what they have done in the past or where we are today.

But the home stretch of a campaign puts everything under a microscope, and no one can predict what might become a turning point. The tragic event that occurred at our embassy in Libya on Sept. 11th was immediately and inappropriately politicized by the Romney camp. The White House followed up with its own (ongoing) gaffe by not forthrightly acknowledging the strong possibility that this was an organized terrorist attack and not an impromptu protest that spun out of control. But, here again, as maddening as Obama’s reticence in this matter is, his patience demonstrates why his approach is more preferable to the blustering rhetoric coming from the right.

Here’s why: As the evidence mounts from that night, it seems increasingly clear that this was indeed an organized terrorist attack. Therefore, it should be dealt with in the same covert manner that we have been conducting our affairs for the past four years. Overreacting in this part of the world, particularly in a state as fragile as Libya, can have devastating repercussions. If we had responded with immediate force like the George W. Bush “shoot first, look for WMD’s later” approach when the images first appeared of Ambassador Chris Stevens’ body being carried by unknown Libyans, then we would have missed that they were actually Libyan civilians who had found the ambassador alive and were calling for help. When none were found, they put Stevens into a car and took him to a hospital.

The world around us is so fragile. What some regard as callousness on the part of the president should be viewed as his understanding of this reality.
With that consideration, let us soldier on to this week’s chosen issue. The first few columns in this series took a detailed and practical look at the economy, deregulation, foreign policy and the stimulus. This week is more personal and I will keep it brief.

One of the most important aspects of the presidency is the opportunity to nominate justices to the U.S. Supreme Court. For some presidents, it has been their most enduring legacies. Four of the justices are currently in their 70s, and the average American lifespan according to the Centers for Disease Control is 78. Sorry to be morbid but there’s a strong statistical possibility that one of the current justices will move on—whether retiring or expiring—in the next four years and that the next president will once again be called upon to nominate someone for the highest Court in the land.

While we believe the collective American conscience has evolved beyond horrifying decisions such as Dred Scott, even the current Court is capable of alarming incompetence. Consider the Citizen United decision or simply read the following remarks made recently by conservative Justice Antonin Scalia at the American Enterprise Institute:


This type of spiteful and irresponsible attitude must be quelled by stacking the Court with thinking and feeling individuals.

Hopefully, Citizen United will someday be repealed. Ironically, perhaps an Obama Court will someday reverse one of his most dangerous acts thus far, which was to sign into law the indefinite detention provision of the NDAA 2012 bill last year, one of the greatest encroachments on our civil liberties in decades. Lastly, as the father of two daughters, I have no choice but to take the Republican Party at its word with respect to its desire to take away a woman’s right to choose. Sticking our heads in the sand and saying, “Oh, that will never happen,” ignores the Republican platform, their campaign promises and actual bills Republicans have put forward in Congress.

Because Obama has already demonstrated his tendencies with respect to the Court through his appointments of Elena Kagan and Sonia Sotomayor, we know where he stands. During his political career, Mitt Romney has stood on all sides of virtually every issue and therefore offers little insight into the type of nominee he would proffer. But his acquiescence to the most radical conservative wing of the Republican Party is troubling enough to inform my decision in this case.

This court once again sides with the incumbent.