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COLUMNISTS
TODAY'S STORIES
29.01.2008
Who Would McCain Appoint to the Court?

John McCain's recent comments on Supreme Court appointments seemed worth a blockquote:

McCain mentioned that Sam Brownback would play an advisory role in helping decide who he should nominate for the Supreme Court. As models of who he would select, John McCain pointed to Justices Samuel Alito and Antonin Scalia.

The idea that McCain would let Sam Brownback do the honors of picking John Paul Stevens's replacement is terrifying, but not unexpected. People like Jacob Weisberg have occasionally suggested that, despite McCain's zero rating from NARAL and his vote to confirm Robert Bork in 1987, the man really has moderate views on, say, abortion and gay rights and wouldn't actually elevate Janice Rogers Brown to the Supreme Court. But, no. Even if McCain is a social moderate deep down inside (and I doubt it), the chance that he'll buck Brownback and friends on judicial nominees has always been unlikely.

Update: To keep this thread going, here's what John Fund reported earlier today:

More recently, Mr. McCain has told conservatives he would be happy to appoint the likes of Chief Justice John Roberts to the Supreme Court. But he indicated he might draw the line on a Samuel Alito, because "he wore his conservatism on his sleeve."

Now, the distinction between Roberts and Alito looks pretty paltry to me (and anyway, McCain was downright gushing when Alito was nominated), but the National Review folks didn't like where this was all heading, so McCain's spokesman first had to deny that any such blasphemy was ever uttered, and then McCain had to cobble together a conference call where he solemnly swore to appoint Alito-like judges. As a groveling bonus, McCain assured conservatives that he'd be perfectly fine nominating a justice who would strike down McCain-Feingold... That last bit almost had me feeling sorry for him. Almost.

--Bradford Plumer

Posted: Tuesday, January 29, 2008 12:21 AM with 4 comment(s)

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jhildner said:

I don't think McCain gives a shit about abortion, but promising to nominate right-wing judges is a nearly cost-free way to give the Christian right what it wants on these issues.  The Supreme Court, and the federal judiciary generally, is not paid nearly enough attention by voters (except Christian right voters), so you can appeal to others as a moderate while actually promising to deliver the most effective help possible on culture war issues to the extreme right.  This is one of the many reasons to strongly oppose *any* Republican in 2008.

January 28, 2008 7:37 PM

stanmvp48 said:

Except that there will almost certainly be a Democratic majority in the Senate and I don't think McCain would start his administration with a losing fight.  Maybe I'm wrong.

January 28, 2008 7:50 PM

LISAH said:

So...for those enmeshed in the Clinton-Obama food fight over who said what and what it all "means," it's time to get serious about what matters. And Senate majority or not, Dems don't have the balls to fight back against nominations. How many times do they have to prove it....?????

January 28, 2008 8:08 PM

drdannyu said:

Amen, Lisah.  For people who say they will support McCain if Clinton gets the nomination, allow me to submit "exhibit A" for my rebuttal.

January 28, 2008 11:37 PM