Sen. McCain (R-Ariz.), in a speech two weeks ago, echoed the views of conservatives who say "judicial activism" is the central problem facing the judiciary. He called it the "common and systematic abuse . . . by an elite group . . . we entrust with judicial power." On Thursday, he criticized the California Supreme Court for giving gays and lesbians the right to marry, saying he doesn't "believe judges should be making these decisions."

Sen. Obama (D-Ill.) said he was most concerned about a conservative court that tilted to the side of "the powerful against the powerless," and to corporations and the government against individuals. "What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," he said in response to McCain.

During one campaign stop, Obama spoke admiringly of Chief Justice Earl Warren, the former California governor who led the court in the 1950s and '60s, when it struck down racial segregation and championed the cause of civil rights.

Obama has also praised current Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter. "I want people on the bench who have enough empathy, enough feeling, for what ordinary people are going through," Obama said.