Back in 2005, then Senator Barack Obama voted against the nomination of John Roberts to the Supreme Court. Obama’s negative vote came with a concern: does Roberts fully understand the Supreme Court’s responsibility to check the “majoritarian impulses” of the executive and legislative branches? In Obama’s words:
“The bottom line is this: I will be voting against John Roberts’ nomination. I do so with considerable reticence. I hope that I am wrong. I hope that this reticence on my part proves unjustified and that Judge Roberts will show himself to not only be an outstanding legal thinker but also someone who upholds the Court’s historic role as a check on the majoritarian impulses of the executive branch and the legislative branch.” [Emphasis added.]
Kind of takes your breath away doesn’t it? Anyone want to bet that Obama will be using this same litmus test in his upcoming nomination?