Among the thousands of things at stake in this election, one that frequently goes under the radar is the appointment of justices. John McCain, like George Bush, would appoint “strict-constructionist” judges (code word: conservative) like Samuel Alito and John Roberts. Obama has said that he will appoint Supreme Court justices who show greater “empathy” for the disadvantaged, minorities and workers.

The next president will not only shape the next Supreme Court, but also appoint numerous judges on the appeals court. Why does this matter? Yesterday, the New York Times reported that conservative judges make up 62% of the Federal Appeals Court, with Republican majorities controlling 10 of the 13 circuits. Furthermore, 46% of Bush appointed Appeals court are members of the conservative Federalist Society.

Workers’ rights, protection for the environment, and the right to an abortion are all likely to take a blow if the already rightward leaning Supreme Court gains any more conservative members (there are four “liberal” justices and four “conservative” justices- Justice Anthony Kennedy is usually the deciding vote). Just something to think about.