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McCain Gives the Right Its Judges
RCP ^ | May 8th, 2008 | Marie Cocco

Posted on 05/07/2008 9:47:32 PM PDT by The_Republican

There is no mystery to the missing lightning rods. John McCain neglects to volunteer the names of Supreme Court Justices Antonin Scalia and Clarence Thomas as model jurists for an obvious reason.

The acid-tongued Scalia and the silent-but-no-less-extreme Thomas tend to scare the sort of moderate, swing voters upon whose good will the presumptive Republican nominee's reputation as a maverick -- and chances for the White House -- rests. So the straight-talker hit the delete button on Scalia and Thomas when he gave his speech on the federal judiciary at Wake Forest University on Tuesday. He inserted instead the names of Chief Justice John G. Roberts and Justice Samuel Alito as his judicial icons.

This has all the significance of substituting Pepsi for Coke.

President Bush appointed Roberts and Alito to placate the partisans of the right, who fixate on the courts as the branch of government through which they can further their agenda for decades to come, regardless of those unpredictable elections that determine control of Congress and the White House. Roberts and Alito have been stalwart partners of Scalia and Thomas, the two justices candidate Bush held up as models in 2000. Together, they've pushed the high court further rightward. The four have voted together, for example, to make it all but impossible for a woman to bring a successful pay discrimination suit, and for school districts to voluntarily promote racial diversity in their schools.

The history of Alito's ascension to the Supreme Court reveals the meaning of the epithet "Scalito." After the right wing pummeled Bush for having nominated White House counsel Harriet Miers to replace Sandra Day O'Connor -- the first woman justice who incensed conservatives with her center-right moderation -- the Miers nomination was withdrawn and Alito was put forward.

(Excerpt) Read more at realclearpolitics.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: 2008; judges; mccain; mcjudges; supremecourt

1 posted on 05/07/2008 9:50:02 PM PDT by The_Republican
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To: The_Republican

OK. I will vote for MCain, then.


2 posted on 05/07/2008 9:56:08 PM PDT by svxdave (Life is too short to wear a fake Rolex.)
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To: svxdave

So eager to believe the vote-stumping McCain....


3 posted on 05/07/2008 9:58:02 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: svxdave

Amen!


4 posted on 05/07/2008 9:58:50 PM PDT by The_Republican (Ovaries of the World Unite! Rush, Laura, Ann, Greta - Time for the Ovulation!)
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To: The_Republican
The left is now borrowing our rhetoric without the substance. The argument in the article that conservatives are trying to overrule the legislature to impose our agenda is laughable. Normally, our desire is to prevent judges from doing that exactly that, unless there is a specific constitutional basis for doing so that actually appears in the Constitution.

In other words, conservative jurisprudence leaves much more leeway to the legislatures than left-wing jurisprudence, which appoints judges as elite, roving super-legislators who can impose their values regardless of the legislature's decision and regardless of what the Constitution actually says.

5 posted on 05/07/2008 9:59:44 PM PDT by ModelBreaker
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To: ModelBreaker

This author is a complete idiot. Scalia and Thomas believe in deferring to Democracy instead of an oligarchical activist court when answering difficult moral questions— I guess this means that the democrats are against democracy.


6 posted on 05/07/2008 10:03:04 PM PDT by Seven Minute Maniac
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To: The_Republican
John McCain will appoint Judges who will match his policital philosopy.

Period.

Given his history as I present below, why would anyone believe he would appoint judges that would disagree with him on McCain-Fiengold, Amnesty and the proper rights of Illegal Aliens, Global Warming and many other issues?

1. Gang of Fourteen (Kept some of President Bush’s best judges from being presented for a vote) See here and here
2. McCain-Fiengold (Assault on Free Speech and Pro-Life
3. McCain-Kennedy (Amnesty for criminal Illegal Aliens)
4. McCain-Lieberman (50 cents a gallon tax)
5. Total support for global warming scam, including the Carbon Cap-and-Trade system. See Here
6. Support for embryonic stem cell research (Murder of unborn babies).
7. Wants to close Gitmo and give Terrorists access to our legal system.
8. F grade from Gun-Owners of America.
9. C grade from NRA.
10. 65% score from American Conservative Union in 2006
11. Wants to bail out sub-prime losers (many of which are either illegal aliens or lied on thier applications) with US tax money.
12. Voted against President Bush’s tax cuts (called them tax-cuts for the rich)
13. Flirted with the idea of crossing over to the Dems in 2004.
14. Wants to implement a socialist Health Care proposal that includes providing tax-coffer monies (your tax dollars) to the states to provide Health Care Insurance for those who either refuse to pay for it, or are unable to afford it (mostly illegal aliens).
15. Divorced his wife after he got back from Vietnam. The same woman who remained true to him and raised his kids while he was imprisoned.
16. Refuses to drill in ANWR. See here and here
17. Agrees with Democrats that our Foreign Policy has been arrogant and we need to be more humble.
18. Thinks and states that Pharmaceutical companies are evil
19. Has accepted funding from Soros and Teresa Heinz-Kerry for his institute
20. John McCain's Top 10 Class-Warfare Arguments Against Tax Cuts
21 "I think the Democrat Party is a fine and I have no problems with it, in their views and philosophy"
22. Strongly against Same Sex Marriage Ban Constitutional Amendment
23. Voted for Pro-Abortion Bill and Here.
24. Voted against bill that would impose sanctions against foreign governments and companies that invest more than $20 million in Iran's energy sector until the president certified to Congress that Iran had dismantled its weapons of mass destruction Here and Here
25. Voted against repealing the death tax.
26. McCain-Edwards-Kennedy    (Many Democrat inspired bad rules included in this monstrosity)
7 posted on 05/07/2008 10:06:33 PM PDT by SoConPubbie (GOP: If you reward bad behavior all you get is more bad behavior.)
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To: The_Republican

“McCain Gives the Right Its Judges”

He’ll give the right judges that Ted Kennedy approves of and nothing more.


8 posted on 05/07/2008 10:18:00 PM PDT by Grunthor (http://www.newswithviews.com/baldwin/baldwin445.htm)
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To: The_Republican

Not without 60 Senate votes.


9 posted on 05/07/2008 10:29:01 PM PDT by lawnguy (The function of wisdom is to discriminate between good and evil-Cicero)
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To: The_Republican
From the article:

Even the cases of outrage that McCain recited from the conservative canon are suspect ... the five-member majority in that decision [Kelo] included three Republican appointees.

Notice his leaving out the pertinent fact that it was three of the four judges he just vilified that where on the right side of that one (Alito wasn't on the bench yet). Demonstrating why having Republican judges on the bench isn't good enough, we need conservative judges.

10 posted on 05/07/2008 10:30:55 PM PDT by eclecticEel (You can have my gun when you pry it from my cold, dead fingers.)
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To: The_Republican
President Bush appointed Roberts and Alito to placate the partisans of the right, who fixate on the courts as the branch of government through which they can further their agenda for decades to come...

What agenda? All I want is for the courts to uphold the constitution, not usurp the power of congress. I'm not looking for the judges to make legislation, rather I want them to leave it to the states and the congress where it belongs.

11 posted on 05/07/2008 10:35:30 PM PDT by MovementConservative (John Roberts and Sam Alito.... Thank you GWB)
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To: All
Marie Caca writes for the Washington Post. Libbers like her get awfully angry when their own judges can rule over us as they stinking well please. They love the courts until our people take them over. Then they scream like castrated pigs.
12 posted on 05/07/2008 10:47:05 PM PDT by Luke21
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To: The_Republican

I think McCain might nominate someone who is equal to or more conservative than Anthony Kennedy. The problem with McCain is that when the Dems denied him his nominee, Mr. Gang of 14 would say, “well, I tried” and then give us a Stevens or Blackmun, or worse, a Souter. His conservatism is not ingrained, it is convenient, and would be conveniently dropped.


13 posted on 05/07/2008 11:06:31 PM PDT by Defiant (McCain's big vein drains mainly from his brain.)
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To: svxdave
McCain has said that he would not have nominated Alito because he was to openly conservative and that he (McCain) would not support the overturning of Roe v. Wade.

Don't go counting on McCain to appoint originalist judges.

14 posted on 05/07/2008 11:36:38 PM PDT by NavVet ( If you don't defend Conservatism in the Primaries, you won't have it to defend in November)
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To: The_Republican
People who are moved like this, would be the same ones to stay up all night watchin and then buying those get rick quick real estate DVDs and seminars. How naive.
15 posted on 05/07/2008 11:40:44 PM PDT by AmericanInTokyo (Your Free To Vote 4 McCain. I Won't. I Don't Want To Hear Your Gripes Thru His 4 Years of RINO-ism!)
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To: AmericanInTokyo

mccain has also flip flopped on amnesty saying it has to be “comprehensive” when he had said securing the border would come first .


16 posted on 05/07/2008 11:50:46 PM PDT by at bay ("We actually did an evil......" Eric Schmidt, CEO, Google)
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To: The_Republican

Wait a minute, I like Pepsi better than Coke!


17 posted on 05/08/2008 12:11:34 AM PDT by johnthebaptistmoore (Vote for conservatives AT ALL POLITICAL LEVELS! Encourage all others to do the same on November 4!)
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To: SoConPubbie; All
It seems like the articles referenced in the OPs of these McCain v. justices threads are not seeing the forest for the trees with respect to scandalous, 10th A.-ignoring interpretations of the Constitution by the USSC that got started in the days of FDR and his dirty politics.

This post (<-click) goes into more detail as to why epidemic constitutional ignorance, even at the highest levels of the federal government, is giving corrupt justices the license to walk all over our constitutional rights. In fact, the off-target articles are evidence of this widespread constitutional ignorance.

18 posted on 05/08/2008 12:15:30 AM PDT by Amendment10
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To: AmericanInTokyo; NavVet; at bay

You all three make good points here. At Bay is on the same wave length I am.

On January 20th, 2009, John McCain stands a good chance of being sworn in as President of the United States. As part of that oath, he will swear to abide by the Constitution of the United States.

Article IV Section Four of the U. S. Constitution states (paraphrased), “The President SHALL protect the states from invasion.” Right now we have between 20 and 35 million illegal immigrants inside our nation. Is John planning to enforce U. S. laws so that the states are protected from invasion? No. He is not only not planning to enforce those laws so they will leave, he is planning to reward them by turning them into U. S. Citizens, a complete betrayal of his oath of office.

Okay, who in their right mind could possibly say, “I”ll trust this guy to... (fill in the blank)?”

McCain is a no-go. I can’t trust the man on any single issue. Even his military bonifides are in question due to his stance on Gitmo, water boarding, Geneva Convention status, and granting terrorists admission to our court system.

The man is certifiably nuts. Even when it would be in his best interest to avoid the immigration issue so he can get elected, he still can’t help shooting his mouth off on the subject. He will not listen to Cosnervatives, even if they are only showing support for the U. S. Constitution itself. Anyone who can’t control himself better than that, should be the last person we want in the Whtie House, or to be the leader of the Conservative movement in the United States.

John is unfit to serve in the White House.


19 posted on 05/08/2008 1:53:40 AM PDT by DoughtyOne (Who opposes John McCain's leftist agenda? The RNC, Rep Congress members, the Democrats? Good luck!)
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To: The_Republican
McCain Gives the Right Its Judges

Before or after he cedes California to "La Raza"?

20 posted on 05/08/2008 2:45:19 AM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: DoughtyOne

I agree.

I don’t trust McCain to appoint conservative judges. In fact, I wouldn’t be at all surprised to see him appoint LIBERAL judges, and whine that’s part of “being fair” or “reaching out” to the other side.

Of course, on the other hand, there’s NO possibility that the RATS are going to appoint anyone other than the most extreme, leftist pig they can find... so it’s Ravin’ John McCain or the highway.

The only thing I can hope for now is that he finds an acceptable VP. :-(


21 posted on 05/08/2008 2:47:02 AM PDT by Pravious
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To: The_Republican
"scare voters"

Ninety percent of Americans couldn't name more than one or two sc judges. Many could not name even one. The idea that moderates are scared by Thomas and Scalia but not by the Baders on the court is risable. Once again a lib columnist is projecting her biases into the mix.

22 posted on 05/08/2008 3:27:09 AM PDT by driftless2
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To: SoConPubbie

23 posted on 05/08/2008 3:35:00 AM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: DoughtyOne

McCain, and a lot of Reublicans, have convinced themselves that the winning formula is to be Democrat Lite. A slightly less filling alternative to traditional Democrats.

Instead of recognizing that the 06 debacle was a result of the abandonment of conservative principles, the Repugs have convinced themselves that it was their failure to match the Democrats pander for pander that brought about their downfall. And so we get John Kerry’s running mate as our standard bearer.


24 posted on 05/08/2008 4:07:12 AM PDT by NavVet ( If you don't defend Conservatism in the Primaries, you won't have it to defend in November)
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To: SoConPubbie

I think he might go through half-hearted motions once or twice,and then say he tired, but the country needs “unity.” I still have not seen any names of judges who are now on the bench, who he would nominate. He simply says things like, “in the character of” or “like” Roberts and Alito.

I want to see names. This man is sneaky.


25 posted on 05/08/2008 4:31:53 AM PDT by fetal heart beats by 21st day (Defending human life is not a federalist issue. It is the business of all of humanity.)
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To: The_Republican
who fixate on the courts as the branch of government through which they can further their agenda for decades to come

Wrong. "Who fixate on the courts as the branch of government that has betrayed the Constitution for 60 years and needs to be changed."

26 posted on 05/08/2008 5:41:47 AM PDT by jammer
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To: Pravious

I’m not sure why folks keep saying that. Look, it may look nice to have some Conservative hitch their wagon to McCain, but what possible good can come from it. John will be President. The VP can go suck eggs. Read up on Lyndon Johnson vs John F. Kennedy if you want to know what power the VP has.

IMO< the only thing a person gains by becoming McCain’s VP is to totally destroy their own credibility.


27 posted on 05/08/2008 11:26:22 AM PDT by DoughtyOne (Who opposes John McCain's leftist agenda? The RNC, Rep Congress members, the Democrats? Good luck!)
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To: NavVet

I couldn’t agree more NavVet. Good call.


28 posted on 05/08/2008 11:27:21 AM PDT by DoughtyOne (Who opposes John McCain's leftist agenda? The RNC, Rep Congress members, the Democrats? Good luck!)
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To: DoughtyOne

“I’m not sure why folks keep saying that”

Because McCain is OLD. Even if he doesn’t drop dead in office, it seems unlikely that he’ll run for a second term. Therefore his VP choice will have a leg up on the nomination for 2012.

This, of course, presumes that McCain can actually win — which I doubt, considering he has a deep aversion to actually saying anything negative against the people who are running against him.


29 posted on 05/08/2008 11:56:39 AM PDT by Pravious
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To: Pravious
I’m not sure why folks keep saying that

Because McCain is OLD. Even if he doesn’t drop dead in office, it seems unlikely that he’ll run for a second term. Therefore his VP choice will have a leg up on the nomination for 2012.

McCain who intially stated he only wanted one term in office, has recently begun to talk of a second term.  I'm not convinced at all that he won't serve two terms.

If his health fails, you may be right.  His mom's health hasn't failed yet and she's mid-90s.

This, of course, presumes that McCain can actually win — which I doubt, considering he has a deep aversion to actually saying anything negative against the people who are running against him.

I believe there may be enough cross-over voting that McCain may indeed be elected.

If we were talking about traditional support, I would point out Bush's two squeakers and state he couldn't win because he will drive many people away.  In this instance though, he's going to be quite compelling to middle-ground Democrats.  With Hillary he gets less of them, but with Obama he will get votes from people who see Obama for what he is.

Then we'd have to deal with a man who agrees with far too many Democrat pipe dreams.

30 posted on 05/08/2008 12:15:48 PM PDT by DoughtyOne (Who opposes John McCain's leftist agenda? The RNC, Rep Congress members, the Democrats? Good luck!)
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To: DoughtyOne

I agree. What McCain’s losing in alienating the far right (i.e., us) he’s probably more than cancelled out by attracting moderates and moderate Democrats, so we might have a chance there.

Unfortunately, with McCain, even if we win, we lose. We just lose less.


31 posted on 05/08/2008 9:58:54 PM PDT by Pravious
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To: Pravious

We will see. If you lose your spine, do your legs get stronger?

John will short circuit the Conservative movement.

I don’t see that as the lesser of two evils.


32 posted on 05/09/2008 9:35:08 AM PDT by DoughtyOne (Who opposes John McCain's leftist agenda? The RNC, Rep Congress members, the Democrats? Good luck!)
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To: The_Republican
McCain Gives the Right Its Judges

McCain gave us the Gang of 14
McCain gave us McCain-Feingold
McCain gave us Shamnesty

McCain is such a giver. What a benevolent guy to give SCOTUS judges to us pesky conservative peons.

33 posted on 05/09/2008 9:54:08 AM PDT by TADSLOS (The GOP death march to the gravesite is underway.)
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To: NavVet

You got that RIGHT, NavVet!!!!


34 posted on 05/19/2008 1:20:37 PM PDT by BrigidZ
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