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Tipsheet

Obama on Judges

"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.
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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.

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