McCain and the Court
Sen. John McCain and his supporters have made no secret of the fact that his ideal Supreme Court justice would be a "strict constructionist" in the mold of John Roberts and Samuel Alito.
By promising to nominate "strict constructionists" and pledging to support nominees who "won't legislate from the bench," McCain is speaking the coded language of the right wing, signaling to them that he subscribes to their legal philosophy.
In Their Own Words
Here's McCain and his backers in their own words, assuring right-wingers he'll appoint justices they'll like.
HANNITY: Who is your favorite Supreme Court justice?
MCCAIN: I would have to say Roberts, probably. I think — and I think particularly in his position as chief justice. I think he is really a remarkable leader. I respect and admire Alito. Scalia I have disagreed with on a couple of things, but the fact is he is a staunch conservative.
But I would have to say Roberts. But the important thing — the important thing is nominate judges who have a strict interpretation of the Constitution of the United States. And that is going to be a big job for the next president because everybody says there could be at least two vacancies on the United States Supreme Court.
HANNITY: And those would be the type of justices you would look for.
MCCAIN: Absolutely.
HANNITY: No more David Souters.
MCCAIN: Oh, no. It has to be a proven record in my view. A proven record and there's plenty of, frankly, justices out there that we were able to get through that have that background and record, judicial record on lower courts.
— John McCain being interviewed on Hannity & Colmes, March 13, 2008
"Mr. McCain, who backed an unsuccessful filibuster of a Clinton judicial nominee in 1994, has begun to discuss his support for Chief Justice Roberts and Justice Alito as illustrative of the types of judges he would seek out. 'I am proud of my advocacy of Alito and Roberts,' Mr. McCain said."
— Gary Bauer in a The New York Times, "Distrust of McCain Lingers Over ’05 Deal on Judges," Feb. 25, 2008
"We know what sort of justices Mrs. Clinton and Mr. Obama would appoint. Both voted against John Roberts and Samuel Alito and have spoken admiringly of the court's most liberal justices. Mr. McCain, on the other hand, voted to confirm both Chief Justice Roberts and Justice Alito, and he has pledged to nominate 'strict constructionist' judges in the mold of the court's four conservative members. With so many Supreme Court rulings — including those concerning abortion, affirmative action, states' rights, the Second Amendment and religious freedom — being decided by slim 5-4 margins, the prospect of either Democratic candidate nominating even one justice should be enough to rally conservatives around Mr. McCain."
— Gary Bauer in a Washington Times op-ed, Feb. 12, 2008
"'Like me, Senator McCain has a long history of supporting life. I believe that as he has stated time and time again, he will nominate judges who understand that the role of the federal courts is not to legislate from the bench. His proven record of protecting human dignity, the institution of marriage and protecting children of all ages is long held and I look forward to working together with him to advance these moral principles,' said Jim Gilmore, former Virginia governor and current U.S. Senate candidate.
'John McCain is dedicated to nominating judges to the federal judiciary who understand their job is to interpret law, not to legislate from the bench. His commitment to nominate judges in the vein of Alito and Roberts is extremely important. There is no one in the field of presidential candidates better equipped to drive this process than John McCain,' stated Virginia Attorney General Bob McDonnell."
— As quoted in a McCain campaign press release, Feb. 12, 2008
"Fidelis is pleased to join a growing chorus of conservatives nationwide in supporting Senator John McCain in his bid for the presidency. As a Catholic based advocacy group, Fidelis believes McCain’s pro-life record, his commitment to selecting judges who will respect the Constitution, and even his controversial positions on immigration and torture merit the support of Catholics, and we are proud to stand with him as he prepares for a very difficult election ahead.
Senator McCain has amassed a strong pro-life voting record in the United States Senate. He has repeatedly called for the overturn of Roe v. Wade, and has pledged to nominate judges that will exercise judicial restraint, and respect the Constitution."
— Fidelis press release, Feb. 11, 2008
"John McCain, continuing his attempt to court conservatives, stressed that he would only appoint judges who strictly follow the Constitution to the Supreme Court if there are any vacancies during a McCain administration.
'There are estimates and, I don’t know if they’re true or not, that there are going to be a couple of vacancies on the Supreme Court in the next presidential term. I am proud to have played a role in the appointment of some great justices to the Court. I am very proud to have played a role in the appointment, nomination of two great Supreme Court justices Roberts and Alito,' McCain said.
'I tell you I will nominate only people who have a clear, complete adherence to the Constitution of the United States and do not legislate from the bench. That’s who I’ll nominate to the U.S. Supreme Court,' he told the crowd at the Virginial Aviation Museum tonight."
—John McCain as quoted in a CBS News article, "McCain: My Supreme Court Nominees Won't 'Legislate From the Bench,' Feb. 11, 2008
"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, judges of the character and quality of Justices Roberts and Alito, judges who can be relied upon to respect the values of the people whose rights, laws and property they are sworn to defend."
— John McCain at the Conservative Political Action conference, Feb. 7, 2008
"Ultimately, Brownback argues, social conservatives should vote for McCain because he is electable and they can rely on him to appoint conservative justices to the Supreme Court. The most important reason to win the presidency is so we don’t lose ground on the Supreme Court," said Brownback, who fears a November victory by Clinton or Sen. Barack Obama (D-Ill.) would shift the court’s ideological balance to the left."
— "Brownback Courting Right for Sen. McCain," The Hill, Feb. 6, 2008
"As President, I will nominate judges who understand that their role is to faithfully apply the law as written, not impose their opinions through judicial fiat... When I was running for president in 1999, I promised that, in appointing judges, I would not only insist on persons who were faithful to the Constitution, but persons who had a record that demonstrated that fidelity."
— John McCain in a letter to the Federalist Society, February 2008
"One of our greatest problems in America today is justices that legislate from the bench, activist judges. I'm proud that we have Justice Alito and Roberts on the United States Supreme Court."
— John McCain at a Republican presidential debate, May 3, 2007
"[National Review journalist Ramesh] Ponnuru: Are there any members of the current Supreme Court that you particularly admire or regard as a model?
Sen. McCain: Eh of course, Antonin Scalia. He’s a lot of our conservative models, I admire how articulate he is, but I also from everything I’ve seen I admire Roberts as well.
I think it’s vital to strictly interpret the Constitution of the United States and have a record of that. Not just a statement of it, but a record of it."
— John McCain interview with The National Review, March 5, 2007
I am also proud to see Chief Justice Roberts and Associate Justice Alito serving with such distinction on the Supreme Court.
They are good people, deserving people, and their decisions will be grounded in the text and history of the statute, regulation, or constitutional provision under consideration, and interpreted narrowly in light of the specific facts of the case before them."
— John McCain at the Federalist Society, Nov. 16, 2006