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Kmiec Surprised that Obama is a Democrat

The other night at Saddleback, Obama was asked which Supreme Court Justices he wouldn't have appointed. Naturally, he went for an easy target for Democrats -- Clarence Thomas, the Court's strongest originalist and possibly most conservative member.

What a surprise to Douglas Kmiec, the conservative legal scholar who confusingly endorsed Obama after supporting Romney(!) during the primaries.

Even Douglas Kmiec, a constitutional law scholar at Pepperdine University and an Obama supporter, said he was ?disappointed? at his candidate?s mention of Thomas.

?First of all, I think Justice Clarence Thomas is one of the best appointments that have been made by Republican presidents ? or any presidents, for that matter ? in recent times,? Kmiec told CNSNews.com.

?I?ll tell you why: He?s the only justice on the Supreme Court who, prior to his appointment, had recognized the relationship between the Declaration of Independence and the Constitution ? that the Constitution is a means of indicating the inalienable rights that are traceable to our Creator,? he added.

News Flash: Obama is a Democrat. In addition to it being completely controversial as to whether our constitutional rights originate from God, Thomas is an originalist! Mainstream Democrats just aren't anywhere near that legal philosophy.

What was Kmiec thinking.

Full post as published by Expressio Unius on August 20, 2008 (boomark / email).