Nothing really exciting here — every liberal in America believes in judge-crafted unenumerated rights (unless it’s a conservative judge finding a right to freedom of contract) — but with the “redistribution of wealth” audio zeroing in on Obama’s feelings about activism and the Warren Court, the RNC’s sending it around. You’ll find him here once again paying tribute to the D.C. Second Amendment ruling, which must be his most shameless flip-flop of the entire campaign. I’m more interested, though, in the example he chooses to illustrate the right of privacy: “The right to marry who you please.” The One supports civil unions but opposes gay marriage, and predictably has gotten little grief about it from the nutroots stalwarts on his side who loathe Palin for opposing it too. Williams could have pinned him by asking why the right to marry “who you please” should carry some sort of implicit gender distinction in his mind, and whether the arbitrariness of his answer isn’t the whole problem with letting unelected judges weave unwritten rights. What might have been.
Update: The follow-up question that wasn’t: “If a Supreme Court candidate believed in a federal constitutional right to gay marriage, would that disqualify them in your eyes?” No good answer for The One to that one, given the constituencies he’s trying to straddle.