The Brawl's in Obama's Court

In the speech that catapulted Barack Obama to fame in 2004, the young Democrat said, "There is not a liberal America or a conservative America. There is a United States of America." Five years later, the same man will face his biggest test to prove it: the nomination of a U.S. Supreme Court Justice. Since the election, Washington has been prepared for a vacancy on the high court, most likely from the aging, Left-leaning justices. Yesterday, reports confirmed that Justice David Souter, 69, will be the first to exit, giving the new President his first crack at reshaping the Supreme Court. Will he plow ahead with a pro-abortion, anti-faith radical (as he did with 7^th Circuit Court nominee David Hamilton) this early in his presidency--or will he bide his time on a full-blown congressional war and nominate a judge that both sides can agree on?

As a candidate, Barack Obama prided himself on his ability to work with conservatives. His first 100 days, however, have been a case study in unilateralism. When asked why he moved away from bipartisanship, the President dodged the question and said, "Whether we're Democrats or Republicans, surely there's got to be some capacity for us to work together, not agree on everything, but at least set aside small differences to get things done."

On Wednesday, President Obama decided his best way to "get things done" was to use congressional rules to block any meaningful participation by Republicans on controversial policies like health care reform and education. While those decisions can be overturned, lifetime appointments cannot. As both sides are painfully aware, nothing in this administration's legacy will withstand the test of time like President Obama's judicial nominees.

To that point, the White House would be wise to take into account the growing public consensus on the sanctity of human life. While some people are pointing at social conservatives as the cause of the Republicans' woes, a new poll suggests that the GOP's platform on life may be its biggest appeal. According to the most recent Pew Research Center poll, American support for abortion is experiencing its steepest decline in at least a decade. Since last August, the proportion of people who believe that abortion should be legal in most or all cases has dropped from a small majority--54%--to 46%. The drop is particularly noticeable in the youngest generation (18-29) whose support for abortion dropped by five points (from 52% to 47%) in just nine months. The conservative trend is even affecting women. Fifty-four percent said abortion should be legal in most or all cases last summer, while less than half (49%) feel that way today.(frc.org)