An Examination of the Election Results

As stated in an earlier post, the issue of judges did not play an important role in the election of 2008. The effectiveness of leaving judges out has been challenged by some, and exit polls taken on Election Day help to shed light on the issue.

The exit polls show that we are still a center right country, with 34% claiming to be conservative, 44% moderate, and only 22% liberal. When asked if future appointments to the Supreme Court were an important factor in deciding for whom to vote, 7% of respondents said it was the most important factor, and 47% stated that it was an important factor. Curiously, of the 7% of people who stated that the Supreme Court was the most important factor in their vote, 57% voted for Obama. These numbers demonstrate that conservatives could do a better job reminding people of the dangers of judicial activism.

With 63% of voters saying that the economy was their top issue, some might argue that it was a foregone conclusion that voters would overlook judges in this election. But with 78% of voters describing themselves as moderate or conservative, keeping activist judges at bay will remain an important and popular strategy for conservatives in the future.