Thanks to the War in Iraq and ultimately the downfall of the economy, judicial philosophy was relegated to the back burner during the 2008 Presidential Election. This may have been a good thing for Obama. The Judicial Confirmation Network takes note of a recent Rasmussen survey.
The Rasmussen survey shows that nearly two-thirds of U.S. voters (64%) say U.S. Supreme Court decisions should be based on what is written in the Constitution, but only 35% think that President Obama shares that view.
The Rasmussen findings are extremely close to the findings in a November 2008 nationwide survey of actual voters by The Polling Company, which found that regardless of whether they voted for Obama or McCain in the presidential race, voters favor judicial restraint by more than 3 to 1. A full 70% of voters said they prefer a President to nominate Justices to the Supreme Court and judges to the federal courts who "will interpret and apply the law as it is written and not take into account their own viewpoints and experiences." Only 22% thought that judges should, as President Obama urges, "take into account their own viewpoints and experiences" in deciding cases.
If the Senate confirmation process for Obama's other law-related appointees is any indication of the scrutiny that is to be applied to Obama's judicial nominees, a majority of Americans may be in for a surprise at the people chosen to represent them on the bench.