John McCain came to Wake Forest University in North Carolina hoping to grab a headline during Hillary Clinton and Barack Obama’s protracted duel. He tried to gain the upper hand on a key presidential issue: The picking of federal judges, 3 Supreme Court justices are over 70 years old and hundreds of positions are open for federal judges. The next president will likely have the ability to shape the bench.
“Senators Obama and Clinton have very different ideas from my own. They are both lawyers themselves, and don’t seem to mind at all when fundamental questions of social policy are preemptively decided by judges instead of by the people and their elected representatives”
McCain will reaasure conservatives he’ll appoint strict constructionist judges who, as he says, will apply the constitution rather than create new law in their courts.
“My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power.”
Though McCain helped get Chief Justice John Roberts & Justice Samuel Alito (both conservative!) confirmed, some Republicans didn’t like that he led a gang of 14 moderates to broker the deal.
He calls Roberts and Alito models for the kind of judges he’d nominate, and rips Clinton and Obama for having voted against both!
“Somehow, by Senator Obama’s standard, even Judge Roberts didn’t measure up. And neither did Justice Samuel Alito. Apparently, nobody quite fits the bill except for an elite group of activist judges, lawyers, and law professors who think they know wisdom when they see it — and they see it only in each other.”
While McCain expresses respect for the federal bench, his disdain for activist judges for being arrogant and dangerous is most pointed.
“Some federal judges operate by fiat, shrugging off generations of legal wisdom and precedent while expecting their own opinions to go unquestioned. Only their favorite precedents are to be considered “settled law,” and everything else is fair game.”
The next president could see as many as three (Stevens, Kennedy. Ginsburg) Supreme Court seats open up.
Though abortion politics can dominate such debates, McCain makes no mention of it in his prepared remarks. Like most Republicans, and unlike most Democrats, he has long promised he won’t have any abortion litmus test. He challenges Democrats to stop making confirmation hearings a partisan game of obstructionism and gotcha.
“Always hanging in the air over these tense confirmation battles is the suspicion that maybe, just maybe, a nominee for the Court will dare to be faithful to the clear intentions of the framers and to the actual meaning of the Constitution, and then no tactic of abuse or delay is out of bounds.”
Fred Thompson makes his first appearance on the trail with McCain since Thompson dropped out of the race. Thompson served as sherpa to both Roberts and Alito during their confirmation hearings, accompanying both men around the Hill as they courted senate confirmation votes.
Thompson has ruled out being both Vice President and Attorney General in a McCain administration.