Conservatives can't sit out election when federal courts hang in balance

John McCain is not conservative enough, so I'm not going to vote for him. In fact I'm not going to vote at all."

I've heard those words on more than one occasion and I generally respond by posing some of the following questions:

1. Do you want to see the courts affirm gay marriage nationally like they've recently done in Massachusetts and California?

2. Do you want the courts to rule against your Second Amendment rights to bear arms?

3. Do you want to see the courts award illegal aliens the same rights and privileges of those of us who are citizens?

4. Do you want to see the conservative values we have held dear for many years continue to be challenged and overturned by the courts?

5. Can you accept the legalization of partial-birth abortions as the rule of the land?

6. Do you want to see the courts continue to uphold the habeas corpus rights of detainees of the American military who are not citizens and are being held abroad?

7. Do you want to see the Supreme Court uphold the reinstituting of the Fairness Doctrine, thereby limiting freedom of speech by shutting down talk radio as we know it today?

8. Do you want to see liberal judges continue to legislate from the bench or do you believe in conservative judges that interpret the law?

9. Are you in favor of strengthening the government's right to seize your land through eminent domain? In Kelo vs. New London, the Supreme Court ruled in a close 5-4 vote that the government can seize your private property to promote further development -- outraging advocates of property rights.

10. Do you believe in stiffer penalties for convicted felons or do you believe their terms should be shortened or pardons given for repeat criminal behavior such as child molestation?

Choosing a president is more than simply electing our next commander-in chief who is chiefly responsible for preserving our nation's security at home and abroad. It's also about more than selecting a candidate whose vision you "think" you can identify with. And it's certainly more than just wanting to elect someone simply because they will be our first black, first woman or first Native American president.

As Bill Clinton's campaign strategist, James Carville, said during the campaign of 1994 when asked why voters should support Clinton over Bush: "It's the economy, stupid." Well in the 2008 presidential election "It's all about the courts."

Who our next president will appoint to the bench is one issue voters should be most concerned about when considering for whom to cast their ballot for this November. Instead, many of us seem to focus on personalities and sound bites rather than studying the intricacies of the issues and how each candidate's positions, not persona, would ultimately affect our nation.

Our next president will most likely be appointing at least two judges to the Supreme Court and possibly as many as four. Justice John Paul Stevens is 86 years old, and Ruth Bader Ginsburg is 73. Stevens has a moderate voting record but will often side with liberals on critical votes such as the one he and Ginsburg made giving habeas corpus rights to the non-citizen detainees of our U.S. military -- the first time ever such rights have been granted to someone other than a citizen of the United States.

Ginsburg is ranked by U.S. News and World report as the ninth most liberal judge to sit on the highest court in the land since 1937.

The president also will select judges to serve on the U.S. District Courts; like the Supreme Court these are lifetime appointments. If confirmed by the U.S. Senate, the jurists chosen for these courts (Supreme and U.S. District Courts) eventually will have more of an influence on the future direction of this country than anyone, including the president.

Some conservatives fear that as president John McCain would not appoint conservative justices to the Supreme Court. But in an article in the Christian Science Monitor written by Professor Carl Tobias of the University Of Richmond School Of Law, Tobias says McCain's statements and Senate records show that his approach to selecting judges "bodes quite well for those who cherish a conservative judiciary." McCain has stated he would "find clones of Alito and Roberts."

While there still may be doubt among some conservatives as to what kind of judges McCain would appoint to the Supreme Court, this much is crystal clear. A Barack Obama presidency and his liberal judicial appointments would have the potential to leave conservatives in the judicial wilderness for 30 years or more. Conservative Democrats, conservative Republicans and conservative independents should think long and hard about that before casting their vote for president on Nov. 4. Sitting home and not voting isn't an option for any conservative in 2008.

Bob Steinburg is a retiree now living in Edenton.