During Senate confirmation hearings, Obama voted against confirming two of McCain’s judicial role models - Roberts and Alito.
In May, Obama told CNN that he considered Justices Breyer, Ginsburg and David Souter to be sensible judges. Obama has also spoken highly of Chief Justice Earl Warren, who led the court in the 1950s and 1960s.
“I want people on the bench who have enough empathy, enough feeling, for what ordinary people are going through,” he told reporters, responding to McCain’s May speech on the courts.
Obama has said judicial decisions should be based on evidence and fact—but sometimes legal process alone cannot lead a judge to a decision.
After he voted against Roberts’ confirmation in 2005, Obama said some court cases “can only be determined on the basis of one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works and the depth and breadth of one’s empathy.”
Obama, a lawyer who has taught constitutional law, said that while he felt Roberts was highly qualified, his record gave no indication that he viewed the law the same way as Obama.
Kolbert said an Obama nominee would realize that the Constitution is not “frozen in time.” “His justices would be committed to the viewpoint of opportunity for all,” she said.
McCain and other conservatives view that as judicial activism.“Judges don’t have willy-nilly authority to make things up,” Whelan said. “They need to have a clear warrant in the Constitution.”

WASHINGTON - A president stays in office four or eight years, but his appointments to the Supreme Court can extend his impact for decades. It’s likely that Republican John McCain or Democrat Barack Obama will be able to appoint one - and possibly three - justices to the court during his time in the White House.The ideological makeup of the court today is split very narrowly. Even one appointment could dramatically affect its direction. Click HERE to read more of this article by Amy Dominello of Media General News Service....