This is not an issue that is going to sway the election, but it ought to be sufficient to persuade any friend of the Constitution to show up at the polls. Steven G. Calabresi outlines what’s at stake, if you didn’t already know.
As for the judicial path to redistribution, of which much has recently been made, this post seems to offer the most "judicious" examination of Obama’s views, circa 2001. Yes, he is sympathetic to redistributive concerns, but he doesn’t think the courts are particularly well-suited to a job that can better be accomplished by the political branches. Make no mistake about it, Obama will seek to spread the wealth around, but what we should expect from his judicial nominees is sophisticated and activist judicial leftism, especially when following "the letter of the law" produces a politically uncongenial result.
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