Obama on Judges

Posted: Oct 30, 2008 5:31 PM
"Privacy" is at the top of Barack Obama's SCOTUS litmus test and judges who
 "only believe in the strict letter of the Constitution" need not apply to Obama's court.

OBAMA:My criteria, for example, would be -- if a Justice tells me that they only believe the strict letter of the Constitution -- that means that they possibly don't mean -- believe in -- a right to privacy that may not be perfectly enumerated in the Constitution but, you know, that I think is there. I mean, the right to marry who you please isn't in the Constitution. But I think all of us assume that if a state decided to pass a law saying, 'Brian, you can't marry the woman you love,' that you'd think that was unconstitutional. Well, where does that come from? I think it comes from a right to privacy. That may not be listed in the Constitution but is implied by the structure of the Constitution.