Via Bench Memos, I recently came across what appears to be a transcript of Senator Obama's address to the Planned Parenthood Action Fund on July 17, 2007, in which he spoke about the law and the Constitution. An excerpt:

I think the Constitution can be interpreted in so many ways. And one way is a cramped and narrow way in which the Constitution and the courts essentially become the rubber stamps of the powerful in society. And then there's another vision of the court [sic] that says that the courts are the refuge of the powerless. Because oftentimes they can lose in the democratic back and forth. They may be locked out and prevented from fully participating in the democratic process.

That's one of the reasons I opposed Alito, you know, as well as Justice Roberts. When Roberts came up and everybody was saying, "You know, he's very smart and he's seems a very decent man and he loves his wife. [Laughter] You know, he's good to his dog. [laughter] He's so well qualified." I said, well look, that's absolutely true and in most Supreme Court decis--, in the overwhelming number of Supreme Court decisions, that's enough. Good intellect, you read the statute, you look at the case law and most of the time, the law's pretty clear. Ninety-five percent of the time. Justice Ginsburg, Justice Thomas, Justice Scalia they're all gonna agree on the outcome.

But it's those five percent of the cases that really count. And in those five percent of the cases, what you've got to look at is — what is in the justice's heart.

Sounds like a case for Kirby Kyle.