Electing America: Obama, the Supreme Court and the American Exception[...] it is the underlying prospect of a deeply willed renewal of our national subscription to the government of laws and not of men that has made the Obama candidacy so exhilarating both here and in Europe. But this exhilaration comes also because we hang now, in the interim, by a very finely spun thread. What is at stake in the coming election could not be more clearly drawn than it was in the Supreme Court's five to four affirmation of habeas corpus last week. Five to four! The next President will almost certainly choose two justices during his tenure. John McCain has already indicated that he will choose justices who resemble Roberts, Alito, Scalia, and Thomas -- that is, justices who will reverse Roe v. Wade; but such justices will also fail to uphold the real American exception: the citizens' subscription to checks and balances and to the written-out rule of law. [...]
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