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Monday, January 28, 2008
posted by Kyle Hampton | 1:39 PM | permalink
John Fund says that John McCain didn't like the nomination of Justice Alito:
Mr. McCain bruised his standing with conservatives on the issue when in 2005 he became a key player in the so-called gang of 14, which derailed an effort to end Democratic filibusters of Bush judicial nominees. 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."

Therein lies the problem that many conservatives have with John McCain. It is the nagging feeling that after all of his years of chummily bonding with liberal reporters and garnering favorable media coverage from them that the Arizona senator is embarrassed to be seen as too much of a conservative.

Couldn't have said it better myself. McCain should just come out and say it "I'm a moderate." For all his "straight talk" McCain has left out the most important piece of the puzzle: himself. If McCain were being honest with himself he would come out and tell the world that he is no conservative.

As for the judges, this is truly disturbing. Alito is no Ann Coulter, a provacative figure that takes pleasure in deriding McCain's friends across the aisle. He is a thoughtful and intelligent jurist whose measured approach has been a model of restraint. To say that Alito wears his conservatism on his sleeve is just patently false. If Alito's conservatism is worn on his sleave, there are few conservatives that do not.

Moreover, this issue gets at the question of McCain's ability to judge the judicial philosophy of judicial nominees. If Alito's conservatism is too provacative, principled jurists like Scalia and Thomas would certainly be excluded. We have had many Republican presidents who have been unable to distinguish between conservative and liberal jurists. President Eisenhower nominated two of the most liberal judges (Warren and Brennan) the court has ever had. Gerald Ford nominated Justice Stevens. Bush 41 famously got "Soutered" by one of his picks to the Supreme Court. All of these misteps have further entrenched liberal ideology and seriously hindered true conservative change.

John McCain, whose conservatism begins and ends with the War in Iraq, would be an absolute disaster for America domestically and especially with the courts. His disdain for "agents of intollerance" and other advocates on issues of life, gay marriage, and other social issues is barely contained. He has tried at every point to undermine their ability to advocate (i.e. McCain-Feingold) and now would avoid nominating judges who supposedly wear their conservatism on their sleeves. The contempt for social conservatives could hardly be more.


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This is due to Justice Alito's stands on the 1st Amendment. From his time on the 3rd Circuit to SCOTUS he's been steady on it. Justice Alito was the only one to sign onto the opinion by Chief Justice Roberts in Wisconson Right to Life(WRTL) v. Federal Elections Commission. The Chief's opinion contained some language that was very critical of the Campaign Finance regulation over issue ads that was Not favorable to McCain.

Justices Scalia, Thomas, and Kennedy wrote a concurrence calling for a reversal of McConnell v. FEC altogether.

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