During the course of his campaign, Obama has often said that differing judicial philosophies among Supreme Court justices don’t matter in “ninety-nine percent of cases” because the “the Constitution…a statute…or congressional intent is…clear.” Conversely, he says it is only in about 1% of cases that differences in judicial bent really count.
What a giant crock of intergalactic BS.
As Obama very well knows – Harvard educated constitutional attorney that he is – and as Ed Whelan points out here (and I quote below), the ratio of unanimous decisions on the Supreme Court is nowhere near 95%:
According to the Harvard Law Review’s statistics for the past three terms, cases with dissents accounted for 64.4% (2006 term), 45.7% (2005 term), and 62.0% (2004 term) of all cases. Indeed, last term, cases dividing 5-4 accounted for over a third of all cases, and the three justices that Obama cited as justices he likes—Breyer, Ginsburg, and Souter—agreed in the disposition of non-unanimous cases only 61%, 60%, and 63% of the time, respectively.
Yes, fellow citizens of the Republic: Obama-Wan Kinobi knows his claims are false. He knows the appointment of Supreme Court justices is crucial; he knows the fundamental changes he wishes to see in the Constitution and the court; and he knows that if elected he will probably have the opportunity to appoint at least two justices to the federal bench.
So, he passes his hand before our eyes and utters his lie with a smile.
Will his attempt at a Jedi mind trick lull Americans into thinking the appointment of Supreme Court justices is not really important, and they can therefore let him pass, unquestioned and unhindered?
We will know in four days’ time.
May the Force be with US.