Obama is not a revolutionary liberal in Jurisprudence and Nomination of judges. He is pleasing the conservatives and libertarians seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution

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Obama is accused of being too moderate in judicial matters and not a true liberal and leftist as his discoverer, mentor and Harvard Professor Laurence Tribe who first saw a Great Jurist and Lawyer in Obama and advanced his student's Career, instead Obama follows Professor Cass Sunstein who is too moderate and more akin to a conservative vision.



Counterpoint
A magazine of Politics and Culture
“Obama’s Law” is not as it seems
By Eric Pilch
June 13, 2011


“Obama’s Law” is not as it seems


Some excperts :

Driver concludes that Obama largely sympathizes with Sunstein which accounts for his disappointing record in the realm of judicial nominations. The current administration has not only nominated fewer lawyers to the judiciary, but is has failed to promote future judges who would forcefully advance a liberal Constitutional vision. In Driver’s own words:

[Obama’s] judicial moderates appear generally uninterested in reversing the steady, conservative-led erosion of criminal defendants’ rights, including the Fourth Amendment’s prohibition against unreasonable searches and seizures and the Fifth Amendment’s protections recognized by Miranda. Nor do Obama’s judges seem likely to challenge other disconcerting features of the prevailing judicial order, which jealously protects the interests of corporations and high-ranking government officials but turns a blind eye to casualties from the war on drugs and the funding inadequacies that plague students attending poor public schools.

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However, problems arise when this lofty wish bumps against the reality of the contemporary conservative legal movement. Despite what some might argue, the days of conservative judicial restraint are gone and one needs only to look at the string of conservative legal successes, culminating in Citizens United, to see where Obama’s vision falls short. There’s no question the Federalist Society is happy to see the President avoid strongly promoting his constitutional vision as they dismantle established liberal jurisprudence case by case. The Court’s conservative wing will unquestionably continue to overturn established precedent and promote an aggressively pro-business agenda in the future.

Although the ideal moment for Obama to nominate visionary liberal justices may have passed and recent events surrounding the nomination of Goodwin Liu might be disheartening to prospective judges, Obama would be well served to take Driver’s message to heart and take on the conservative legal establishment on their own terms.

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