McCain Makes a Promise About Judges

Pajamas Media ^ | February 10, 2008 | Stephen M. Bainbridge

[Clintonfatigued]

If a President McCain were to nominate a David Souter clone, the right’s netroots would have a collective conniption fit that would make the Miers fight look like pattycake. We might not win, but we’d at least bleed McCain of enough political capital to give even Warren Rudman second thoughts.

All of which suggests that threats by conservative pundits like Rush Limbaugh and Ann Coulter to take their ball and go home if McCain is the nominee make no sense (and I say this as someone who has made similar rumblings in the past). The next President likely will nominate 3-4 Supreme Court justices and 200 to 400 lower court judges. Given the astonishing longevity of Supreme Court justices, moreover, the next President’s Supreme Court picks easily could serve for two or more decades.

To consider the full implications of this prospect, consider just one of the names that appears on most short lists of prospective Democratic Supreme Court nominees: Harold Koh, dean of the Yale Law School. (YLS professor Kenji Yoshino reportedly quipped that he was hedged for 2008, because “either the Democrats will lose and Yale will keep Harold, or the Democrats will win and Yale will loan him to the country.”)

What would a Justice Koh’s jurisprudence look like? Jeffrey Rosen notes that Koh “has supported the idea that U.S. courts should expansively apply international legal precedents without the authorization of the president and Congress.” John McGinnis (.pdf) likewise observes that: “Harold Koh in fact would like to cabin American exceptionalism through the use of transnational materials to assure that American principles would cohere more with the rest of the world.” The increasing use of such precedents by the left wing of the Supreme Court, of course, has been a major irritant to conservatives.

[JohnnyZ]

If a President McCain were to nominate a David Souter clone,

McCain was pissed at Bush for the Souter nomination because he didn't have any track record.

[Danae]

First in to .

[JaneNC]

Ok ,John, we’ll hold ya to it~

[nygoose]

Could you verify that?

[Clintonfatigued]

This editorial makes a good point. While McCain is far from the ideal choice, he would never even think of nominating someone like Koh, Sonia Santomeyer, or anyone of their ilk. As for Hillary and Osama, we already know the answer to that.

[SE Mom]

This is a sound argument for voting for McCain -it’s hard to dismiss. SCOTUS and the military are the only reasons I can even consider voting for him- but I’m not there yet- and as we all know- November is a long way away..

[Hawthorn]

A very good analysis!

I’m not sure Bainbridge is entirely correct, however, in saying that the conservative blogosphere/commentariat brought down Harriet Miers. I think it’s more likely that she and President Bush and everybody else in the White House realized she should stand down after she did so poorly with the “murder board” that gave her a trial run for her Congressional questioning-to-be.

IIRC, Miss Miers did such an abominable job handling basic questions on constitutional law that even she herself knew she’d never be confirmed. Hence her withdrawal from the nomination process.

[dennisw]

Don’t believe any McCain promises to conservatives on judges or anything. He will have to work with a Democrat congress and will just keep on doing what he’s always done. Which is promoting liberal and Democrat garbage

A leopard doesn’t change it’s spots at John McCain’s advanced age. He’ll just keep on doing what he’s always done

[painter]

Let’s cross our fingers and maybe he will put Fred on the ticket with him.

[org.whodat]

From CPAC speach: I intend to nominate judges who have proven themselves worthy of our trust that they take as their sole responsibility the enforcement of laws made by the people's elected representatives

So insane mccain says he wants judges that enforce laws made by the elected legislature and to hell with the constitution and some of you are ok with that. Do tell! The demorats will have a field day unchecked by the constitution.

[no-to-illegals]

since jm has NEVER worked with the demonrats....
I know jm can be trusted!

pardon me, I have to go crash repeatedly head first into a brick wall, I need to rearrange my thoughts, I've been told.

[Sybeck1]

Surely it will be judges who have no problem with CFR.

[Artemis Webb]

Everybody-On-FR-Should-Read-This BUMP

[bmwcyle]

Or McCain keeps his word (once) and he faces the DEMS who will screw him.

[Barnacle]

Ok ,John, we’ll hold ya to it~

And, just what are you going to do about it if he changes his mind?

Not that McCain ever would do that... this is just a "what if?" kind of question.

[GVnana]

U.S. courts should expansively apply international legal precedents without the authorization of the president and Congress

Yep. We're already fighting this tendency and we will lose on this one. Big time.

[IMissPresidentReagan]

consider just one of the names that appears on most short lists of prospective Democratic Supreme Court nominees: Harold Koh,

I'd be willing to listen to McCain's short list as well and actually would be interested in McCain flotaing a short list.

My fear, however, is that McCain would have a short list of conservatives, but when the going got tough in confirmation hearings, he'd abandon them to float a "compromise" nomination of Justice Kennedy's ilk. Kennedy relies more of foreign/international law for his jurisprudence than I think even Ginsberg or Breyer do, and of course Kennedy came to us through President Reagan, as a "compromise candidate" when Judge Bork, was, well Borked. I don't think President Reagan appointed Kennedy because he thought Kennedy's jurisprudence would have turned out the way it has, but rather because he felt Kennedy could make it through the confirmation hearings and he thought Kennedy would meet his (Reagan's) standards.

The unfortunate thing about the Supreme Court is most nominees are crapshoots. Once they get on the court, some like to picture themselves being "mavericks"; much like O'Connor did.

[daviscupper]

If a President McCain were to nominate a David Souter clone,

McCain was pissed at Bush for the Souter nomination because he didn't have any track record.

===========================================

I find this hard to believe. McCain went balistic on the Michael Reagan radio show when Michael asked him what type of judges he would appoint. Michael had asked him this because he noted Warren Rudman, McCain's great friend, had vetted Souter and told everyone he was a strict constructionist. On the radio show McCain defended both Rudman and Souter and then launched into a vicious attack on Michael and stormed off the show. This occurred when McCain was running for President in 2000 and I was driving my car north on Highway 5 in California. I will never forget how explosive and vicious McCain became. He soon stormed out of the studio. Michael's last words were "McCain a Reagan Republican? Not in a million years."

I knew then I would not like to see nuclear weapons or the security of our nation placed in that man's hands. He has the emotional stability of a teenager and an explosive, vicious temper.

Anyone who has a eye-popping, vein-bulging temper that ignites at a room temperature flash point is far too unstable to be President or trusted with nuclear weapons.

[Always Right]

McCain was pissed at Bush for the Souter nomination because he didn't have any track record.

Then why did McCain hire Rudman to be his campaign chairman who was the main force behind Souter?

[Barnacle]

Let’s cross our fingers and maybe he will put Fred on the ticket with him.

That would sure make everything better.

Yep, if President McCain relinquishes on empty promises, Vice President Thompson will storm into the oval office and set him straight.

You betcha!

[Brices Crossroads]

“He’ll just keep on doing what he’s always done”

I agree. He will keep on supporting Justices like Bork, Thomas, Alito and Roberts. Which is why I and the vast majority of conservatives will be voting for McCain in November. Those who vote third party or for Obama would have a share in the damage a Justice Koh would do.

[daviscupper]

You are spot on. This does not make sense. See my post previous post No.19, I believe.

[xjcsa]

Good article, and I agree with just about all of it, except for this:

But that being the case, the RNC should have allowed a stronger Republican candidate to emerge so that all Republicans could vote FOR that candidate, instead of just against Clinton and Obama.

The RNC didn't stop anyone from "emerging"; they don't have that kind of power. McCain is a giant steaming turd of a candidate, but the conspiracy silliness doesn't hold water. I would like to see more states go with closed primaries, but those are state-level decisions, not RNC decisions. Anyway, we're screwed.

[daviscupper]

You are spot on. This does not make sense. See my post previous post No.19, I believe.

[daviscupper]

You are spot on. This does not make sense. See my post previous post No.19, I believe.

[Sybeck1]

How true, my state doesn’t even vote for three weeks and we already have our nominee. We do have an open US representative spot, and I think the lack of the choice for president will hinder turnout for the Rep spot.

[fabian]

did you know that if the congress had more cajones they would simply impeach the supreme court justices that voted for abortion which clearly denies the unborn their constitutional rights? All this emphasis on the supremes is wrong, it has turned into something that is bigger than neccessary. We the people have the trump card by our elected congress, not some justices who are so full of doodoo they can’t see the need to not murder our unborn. They should have been thrown out on their asses long ago!

[Always Right]

This post contains links to the Audio and Transcript of McCain-Reagan Interview

[shove_it]

Here are the four oldest on SCOTUS: Stevens 87; Ginsbberg 74; Breyer 73; Kennedy 72. It would be a tall order to come up with worse replacements than the oldest three.

[HeartlandOfAmerica]

I agree. I find it difficult in the extreme to believe that McCain, who recently said that Sam Alito is too conservative and wears his conservatism on his sleeve, would go out of his way to appoint conservative judges and justices.

I think that Souter's is EXACTLY what we'll get!

Besides, if conservatives believe promises made by presidential candidates in an election battle, they're morons, and I don't think they are.

We have no hold on him to keep his promise after he's elected. Like all of them, he'll do what he damn well pleases.

[Always Right]

Here are the four oldest on SCOTUS: Stevens 87; Ginsbberg 74; Breyer 73; Kennedy 72. It would be a tall order to come up with worse replacements than the oldest three.

For every liberal judge, there is a conservative judge 15 years younger. Losing the next election would reverse that. It is too bad we a passing the best opportunity ever to get a real conservative court, setting it back probably 25 years.

[dennisw]

Let’s cross our fingers and maybe he will put Fred on the ticket with him.
__________________

The grandpa ticket won’t be happening. He’ll pick someone young who can assume power if McVain’s cancer takes over. Maybe he’ll he’ll pick Barack Oboma if Hillary gets the Donk nomination

[The Ghost of FReepers Past]

I think everyone should remember that God is watching what they do and even who they vote for. Choose honorably. Then whoever wins should remember that God is watching what they do so they should govern honorably. I would rather have a bunch of fellow citizens who vote with a conscience before God and who sometimes make what I see as a mistake than have a bunch of fellow citizens with no conscience but who succumb to the loudest mouth willing to bully them into doing whatever is “good for the party.”

[dennisw]

Dreams and promises are wonderful until they get broken. But as Aerosmith sings —— “Dream on”

[The Ghost of FReepers Past]

Let’s cross our fingers and maybe he will put Fred on the ticket with him.

We don't need another old-guy VP who won't be able to run for President in 8 years. Anyway, McCain has famously said the the VP is there for only two reasons, to check the health of the President and to break ties in the Senate. I suppose that's more than nothing, but not much. I would add that a VP selection should be fit to last for 16 years in the executive branch. So the debate over whether Thompson is a true conservative or not is pointless for this job. He's too old. Do not you agree?

[mainerforglobalwarming]

We’ve heard time and again that McCain will nominate conservative judges and justices. My question is how far will he go to fight for them. The left will filibuster the next roberts or alito. Roe v. wade is finished if another conservative is on the high court. Abortion is the left’s religion and they’ll stop at nothing to protect a right not guaranteed in the constitution, but a right created by activist judges.
Will McCain step up and shut down the government if his nominees are not given an up or down vote?

[Gelato]

Fred Thompson? John McCain's 2000 campaign co-chair?

"When it comes to personal courage and integrity and the courage to do what he thinks is right, regardless of whether or not it's particularly popular at the moment, John McCain has shown characteristics of leadership like no one else I've ever seen," Thompson said at a press conference.

Thompson. The guy who linked arms with McCain to destroy the First Amendment? (CFR was once known as McCain-Feingold-Thompson.)

Thompson said McCain "has been a key ally in my effort to clean up the campaign finance mess in Washington, and he is a leader who knows that only through reform can we take back our country from the special interests."

Both men praise "bipartisanship" to high heavens. That's the last thing we need when it comes to judicial appointments.

[rogue yam]

Yes, that Fred Thompson. The one who would be our nominee and perhaps next President if more people had been thinking more clearly back last August.

[Recovering_Democrat]

All of which suggests that threats by conservative pundits like Rush Limbaugh and Ann Coulter to take their ball and go home if McCain is the nominee make no sense (and I say this as someone who has made similar rumblings in the past). The next President likely will nominate 3-4 Supreme Court justices and 200 to 400 lower court judges. Given the astonishing longevity of Supreme Court justices, moreover, the next President’s Supreme Court picks easily could serve for two or more decades.

This is a most excellent point.

Though I do contest the writer's interpretation of Rush Limbaugh's statement. Rush has thrown some light upon what he meant about "supporting" the Republican nominee. He never intended to imply, I think, that an Obama or Clinton presidency would be preferable. He has said many times he rejects the idea of "winning by losing".

But the writer's main point is spot on perfect. Hundreds of judges will be named by the next CinC. So our retention of more conservatives in the Senate and a Republican president is of paramount importance. Yes, I think even a troublesome Republican president would be better than a Soviet-style Democrat one.

[Gelato]

Given the RINO penchant for nepotism, Thompson would of course be a logical choice for McCain’s VEEP.

Cut from the same "bipartisan" cloth.

“You will have your bipartisanship!” -- Fred Thompson, May 5, 2007

[JohnnyZ]

McCain on judges (Souter)

http://corner.nationalreview.com/post/?q=N2U0MGJiZGMwMjkzNDgyNjYxNDkzNDQ1NTNjN2NiNWM=

[JZelle]

Anyone who has a eye-popping, vein-bulging temper that ignites at a room temperature flash point is far too unstable to be President or trusted with nuclear weapons.

So I guess that leaves Obama?

[Will88]

“The next President likely will nominate 3-4 Supreme Court justices and 200 to 400 lower court judges. Given the astonishing longevity of Supreme Court justices, moreover, the next President’s Supreme Court picks easily could serve for two or more decades.”

What is the basis for this statement, or is it just a “you better vote for McCain” scare tactic? The next president probably will appoint a SCOTUS justice, but three or four? With one exception, the present court isn’t that old:

Roberts 53, Alito 57, Thomas 59, Scalia 71

Kennedy 71

Souter 68, Breyer 69, Ginsburg 74, Stevens 87

Who are these three or four prospective retirees?

And, as young as the conservatives are, the retirees are far more like to be liberal.

[Just mythoughts]

Well IF Lindsey Graham gets reelected we all know who will lead McCain’s Senatorial gang of preserving the Senate rules... and if there is a majority of liberals in Congress Chuckie Schumer will decide who will be worthy of sitting on any bench. The lunatics are about to completely take over.

[Norman Bates]

Worth reading the entire article (click on link above)

The McCain List.
Common sense conservatism

[Norman Bates]

Your ages are a little off: Breyer is 68 or 69 and Kennedy is 71.

[Clintonfatigued]

Speaking of McCain’s advanced age, if he chooses a good conservative as a running mate, there will be an instant front-runner to succeed him should he be elected.

[daviscupper]

Great find. Thank you. It brought back bad memories. ;-)

[Young Scholar]

To consider the full implications of this prospect, consider just one of the names that appears on most short lists of prospective Democratic Supreme Court nominees: Harold Koh, dean of the Yale Law School.

Koh, from everything I have seen, is a horrible person and would be a horrible justice. He has no qualms about using his position to advance his far left political positions, even to the detriment of Yale Law School, and has made decisions that were seen as ridiculous even by other liberals at the law school because he let his political biases go unchecked.

If a Democrat wins, a far better pick would be Dean Elena Kagan of Harvard Law School, who may be just as liberal but at least appears to be a decent person and to respect--and even actively recruit--people with differing opinions to maintain some level of ideological diversity at the law school.