The Wall Street Journal
February 4, 2008
COMMENTARY
DOW JONES REPRINTS
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McCain and the Supreme Court
By STEVEN G. CALABRESI and JOHN O. MCGINNIS
February 4, 2008; Page A14
The conservative movement has made enormous gains over the past three decades in restoring constitutional government. The Roberts Supreme Court shows every sign of building on these gains.
Yet the gulf between Democratic and Republican approaches to constitutional law and the role of the federal courts is greater than at any time since the New Deal. With a Democratic Senate, Democratic presidents would be able to confirm adherents of the theory of the “Living Constitution” — in essence empowering judges to update the Constitution to advance their own conception of a better world. This would threaten the jurisprudential gains of the past three decades, and provide new impetus to judicial activism of a kind not seen since the 1960s.
[John McCain]
We believe that the nomination of John McCain is the best option to preserve the ongoing restoration of constitutional government. He is by far the most electable Republican candidate remaining in the race, and based on his record is as likely to appoint judges committed to constitutionalism as Mitt Romney, a candidate for whom we also have great respect.
http://online.wsj.com/public/article_print/SB120209536777639949.html
I don’t believe it. It runs counter to all I know about McCain.
Really? McCain ALSO said he'd never nominate another Justice Alito "because he wears his conservatism on his sleeve". How do we know he even knows what a "strict constructionist" IS?