John McCain's Double-Speak on Judges: A Translation Guide
John McCain spoke May 6 at Wake Forest University in an effort to convince the far-right base of the GOP of his support for judges on the Supreme Court and the lower federal courts that meet the Right’s litmus tests.
It was only the latest installment of McCain's pandering to the right wing on the issue of judges, using talking points pioneered by Jerry Falwell, Pat Robertson, and his role model, George W. Bush. After all, ultra-conservative judges have been a central demand of the GOP base for decades.
In his speech, McCain expressed his continued support for the kind of judges the Right wants, couched in the code words they want to hear. To help translate the code, we've pulled together a glossary of some of the words and phrases we heard.
Supreme Court Justices:
What he said:
“Chief Justice Roberts and Justice Samuel Alito... would serve as the model for my own nominees.”
What he means:
“George Bush gave you two ultra-conservative Justices with lifetime appointments to the Supreme Court. And I supported him every step of the way." These justices wrote or supported rulings that:
- cut back on federal laws that protect our water from pollution
- denied equal pay to a factory worker who had been paid less than men doing the same job
- restricted women’s ability to make their own reproductive health decisions
- allowed schools to restrict students’ speech, even when they weren’t on campus
- made it harder for school districts to promote racial diversity in their schools
The Founding Fathers:
What he said:
“Always hanging in the air over these tense confirmation battles is the suspicion that maybe, just maybe, a nominee for the Court will dare to be faithful to the clear intentions of the framers and to the actual meaning of the Constitution.”
What he means:
“I support judges who’ll do what the far right-wing of my party wants them to do.”
Judicial Activism:
What he said:
“...these abuses by the courts fall under the heading of "judicial activism...”
What he means:
“I support judges who will bring their own conservative agenda to the courts, and impose it no matter what a fair reading of the Constitution and our laws require.”
Judicial Restraint:
What he said:
“I will look for accomplished men and women with a proven record of excellence in the law, and a proven commitment to judicial restraint."
What he means:
“The judges I support will sit on their hands when it comes to any conservative laws, regulations, or precedents they come across, but will knock down any progressive law they find.”
Legislating from the bench:
What he said:
“The moral authority of our judiciary depends on judicial self-restraint, but this authority quickly vanishes when a court presumes to make law instead of apply it.”
What he means:
“I support conservative nominees who as judges won’t lift a finger to stand up for the rights of ordinary people or open the courthouse door to all Americans, but who will be quick to strike down massive portions of the Clean Water Act, school desegregation programs, consumer protections, or equal pay laws because they feel like it.”
And here are other comments McCain has made in previous bouts of right-wing pandering:
David Souter:
What he's said:
“I do not want more David Souters on the Supreme Court."
What he means:
“I know you all are ticked off because a Justice appointed by George Bush’s dad turned out to be way more moderate than you wanted. I only support justices who are complete right-wing ideologues — judges who refrain from independent thinking or moderation.
Strict Constructionists:
What he's said:
“I support judges who are strict constructionists.”
What he means:
“I support judges who believe that the Constitution should be interpreted as if nothing has happened for the past 200 years. No need to pay attention to the extraordinary advances in medicine, technology, communication, or our understanding of diversity that have occurred since then. They’re irrelevant!”
Tell John McCain to stop supporting bad Bush judges. You can learn more about the Supreme Court, the 2008 campaign, and John McCain’s judicial philosophy here at www.SaveTheCourt.org.