A politicized Supreme Court

Roger Pilon at Cato makes a good point -- what if we get enough judges on the Supreme Court who vote on Constitutional issues according to their political philosophy, thereby transforming the Constitution?

The Supreme Court decided today to uphold the second amendment against states and cities which are violating the second amendment, but the vote was 5-4. That's close when we're talking about a Constitutional amendment.

Elena Kagan, if confirmed, will simply replace Stevens, who voted against upholding the second amendment, so the liberal heft on the court will not be enhanced, but what if Obama gets to pick one or two more justices?

I don't have anything against liberal Supreme Court judges, but I do have something against judges who vote on their politics and don't uphold the Constitution. It seems that right now it's the liberals who are picking and choosing which parts of the Constitution they disagree with, and this is not the job of a Supreme Court justice.

I don't think Kagan should be confirmed -- it's too risky gven her liberal credentials and past positions which make it likely she'll be more political than objective.