One thing that the public and the media have not focused on thus far in election coverage is the fact that the outcome of this presidential election will have a profound effect on the U.S. Supreme Court.  Thomas Goldstein, a private Washington attorney who has argued many cases before the justices, voices this concern.  He said, “What hasn't happened is that it hasn't broken through to the general public, which is really much more concerned with gas prices and the war in Iraq than what's going on here in Washington in the Supreme Court.”

 The Supreme Court consists of many conservative judges, but the votes usually come down to 4 vs. 5, so it is tightly divided.  A Republican president has appointed all but two judges; former President Clinton appointed the other two Democratic judges.  If McCain wins, the court will be more conservative because he will be able to appoint two or three more judges, but if Obama wins he will diversify the court with more liberal judges.  This is an important issue to voters who care about popular issues such as gay rights, the “war on terror”, abortion, and prayer in school.  Three liberal judges are soon to leave. (Two are to retire and one for health issues).  If Obama wins, the court will be tightly divided as it is now, but if McCain wins it will shift further to the right.

“Election could decide future of the federal courts”:

http://www.cnn.com/2008/POLITICS/10/03/supreme.court.politics/