Spreading the Wealth... and Dependency
Interestingly, he points out that the judicial system is not the best branch of government to do this as a matter of constitutionality. It's the legislative bodies that should do it, helped along by the executive branches.
He's exactly right about this. Such redistributive policies should be voted on democratically, not handed down by unelected judges.
To the extent, that America votes for candidates who run for office on platforms to take money from the rich (a minority) and give it to "the middle class" and the poor (the majority), more and more wealth will be "legally" taken from one group and given to another.
For the most part, for most of the country's history a majority of American - rich and poor - have rejected such policies. Maybe with the economic meltdown Americans will be more open to such arguments in the near future.
Of course, it would be silly to think Obama wouldn't appoint Supreme Court justices who wouldn't be very sympathetic to the same ideals of reparative and redistributive justice that animate his own politics.
If he is elected, America will have a liberal house, probably a liberal senate, executive branch and to the extent they he can arrange it, a new liberal Supreme Court and federal court system.
It will be very interesting to see what America looks like in four years. No doubt, liberals will love what they see: a more dependent and needy populace and a more activist, doting and demanding federal government to help take care of our wants and needs.