Which existing Supreme Court Justices would you not have nominated?

Senator Barack Obama	Senator John McCain
Summary • Justice Thomas – not a strong enough jurist • Justice Scalia – does not agree with his judicial philosophy • Justice Roberts – Too deferential to Executive Power	Summary • Justice Ginsburg, Justice Breyer, Justice Souter, Justice Stevens • Great care must be taken to nominate strict constructionist judges
Obama: That's good. That's a good one. I would not have nominated Clarence Thomas. I don't think that he ... I don't think that he was a strong enough jurist or legal thinker, at the time, for that elevation. Setting aside the fact that I profoundly disagree with his interpretations of a lot of the Constitution. I would not nominate Justice Scalia — although I don't think there's any doubt about his intellectual brilliance — because he and I just disagree. You know, he taught at University of Chicago, as did I, in the law school. [Warren: How about John Roberts?] John Roberts, I have to say, was a tougher question only because I find him to be a very compelling person, you know, in conversation individually. He's clearly smart, very thoughtful. I will tell you that how I've seen him operate since he went to the bench confirms the suspicions that I had, and the reason that I voted against him. And I'll give you one very specific instance and this is not a stump speech. I think one of the ... most important jobs of, I believe, the Supreme Court is to guard against the encroachment of the Executive Branch on the power of the other branches. And I think that he has been a little bit too willing and eager to give an administration — whether it's mine or George Bush's — more power than I think the Constitution originally intended.	McCain: With all due respect, [I would you not have nominated] Justice Ginsburg, Justice Breyer, Justice Souter, and Justice Stevens. [Warren: Why? Tell me why?] Well, I think that the President of the United States has incredible responsibility in nominating people to the United States Supreme Court. They are lifetime positions, as well as the federal bench. There will be two maybe three vacancies. This nomination should be based on the criteria of [a] proven record of strictly adhering to the Constitution of the United States of America, and not legislating from the bench. Some of the worst damage has been done by legislating from the bench. And by the way, Justices Alito and Roberts are two of my most recent favorites, by the way. They really are. They are very fine and I’m proud of President Bush for nominating them.
August 16, 2008 Lake Forest, CA Saddleback Civil Forum on the Presidency Hosted by Rick Warren Link to Source	August 16, 2008 Lake Forest, CA Saddleback Civil Forum on the Presidency Hosted by Rick Warren Link to Source