Monday, February 04, 2008

McCain and the Supreme Court

Steven G. Calabresi and John O. McGinnis who teach at Northwestern University Law School and whose hearts are in the right place, write in today's Wall Street Journal that they "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."

Furthermore they warn: "Others are concerned that Mr. McCain was a member of the "Gang of 14," opposing the attempt to end filibusters of judicial nominations. We believe that Mr. McCain's views about the institutional dynamics of the Senate are a poor guide to his performance as president. In any event, the agreement of the Gang of 14 had its costs, but it played an important role in ensuring that Samuel Alito faced no Senate filibuster. It also led to the confirmation of Priscilla Owen, Janice Rogers Brown and Bill Pryor, three of President George W. Bush's best judicial appointees to the lower federal courts.

"Conservative complaints about Mr. McCain's role as a member of the Gang of 14 seem to encapsulate all that is wrong in general with conservative carping over his candidacy. It makes the perfect the enemy of the very good results that have been achieved, thanks in no small part to Mr. McCain, and to the very likely prospect of further good results that might come from his election as president."

Read the whole article.

I know you all do not see eye to eye with me on McCain, but it would be a delicious irony to have his first appointee to be the deciding vote that strikes McCain Feingold down.

I will vote for him Saturday in our Kansas caucus.


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