McCain on Judges

Today at Wake Forest, John McCain spoke of his desire to appoint judges who will not legislate from the bench and will not bring judicial activism to the federal bench. He wants to see more judges like John Roberts and Sam Alito. The Associated Press reports:

"My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power," McCain said Tuesday in a speech at Wake Forest University.

McCain, the eventual GOP nominee, promised to appoint judges in the mold of Roberts and Supreme Court Justice Samuel Alito, saying they would interpret the law strictly to curb the scope of their rulings. While McCain didn't mention abortion, the far right understands that such nominees would be likely to limit or perhaps overturn the Roe v. Wade decision that legalized abortion.

Obama, on the other hand, voted against Roberts and Alito. So did Obama's rival, Hillary Rodham Clinton, but McCain focused on Obama.

"Senator Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done," McCain said. "But ... he went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee."

In response, Obama's campaign said McCain would pick judges who would threaten abortion rights as well as McCain's own campaign finance reform bill.

"What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," Obama spokesman Tommy Vietor said.

The Arizona senator said his role models interpret the law strictly, paying attention to what lawmakers intended, as opposed to "activist" judges who, by striking down statutes or court decisions, make laws rather than interpret them. "Activist" is a term conservatives use pejoratively to criticize liberal justices.

The Republican National Lawyers Association notes that Mississippi's Judge Charles Pickering has weighed in on McCain's leadership in the Gang of 14. The post writes:

Judge Pickering's backing of the agreement is further sign that it was good for conservatives, nominees, Republicans and everyone interested in the confirmation of "capable and conservative jurists."

And links to a letter from Pickering to McCain that says in part:

There is no way you can look at that agreement as a Democratic victory. Two days after the Deal was announced, Owen was confirmed by the Senate. Two weeks later, Brown was confirmed, and the next day the Senate confirmed Pryor. These confirmations were exactly what President Bush and the Republicans had tried to accomplish for five long years and the Democrats had blocked.

The confirmation of Chief Justice Roberts and Associate Justice Sam Alito --two exceptionally capable and conservative jurists-- were made relatively easy because of the "Gang of Fourteen Agreement."