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Decision 2008

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Jeffrey Toobin's Monday talk

Jeffrey Toobin came and spoke Monday at Carolina Theatre, courtesy of the Elon School of Law, focusing on the Supreme Court and how the outcome of the 2008 election could affect that.

Some of Toobin's main points:

The nine justices on the Supreme Court of the United States consist of four conservative justices, four liberal justices and one swing voter.

Three of the four liberal justices are likely to leave in the next one or two presidential terms, opening appointment opportunities for the coming administrations.

This election could have a lasting impact on domestic policy, because the Supreme Court is taking on more cases that could be settled through legislation, but wind through the court anyway. Also, presidents are picking younger justices in order to have a longer impact than the courts of long ago.

Barack Obama, if he wins, would likely appoint moderate liberals like himself.

John McCain, in his Supreme Court speech given on Primary Day, "talked in code," which Toobin translated to mean that he wants to overturn Roe V. Wade and support juvenile executions.

He said that the Supreme Court is a reflection of the public. So, if a Republican president is elected, he'll appoint people who reflect the party. But the Senate is also an important player in the nomination process, too, and can kick back a nominee from the president.

But the appointees generally come from the executive office and then are scrutinized by senators.

"Want to change the Supreme Court? Change who you elect president," Toobin said.

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