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January 23, 2008
McCain & the Gang of 14I had been willing to give McCain a partial pass on the Gang of 14 compromise, figuring it actually helped a few conservative judges through. So in net effect, it helped the cause. Andrew McCarthy (Pretty In Pink, St Elmo's Fire) argues persuasively that's not the case at all. Forcing our political representatives to tell us where they stand is a fundamental democratic principle. Even losing a “nuclear option” vote would have been valuable for conservatives: It would have identified which Senators believed — like Sen. McCain obviously believes — that preserving senatorial privilege took precedence over their constitutional duty to consent to, or withhold consent from, judicial nominees. I've been emailing McCarthy to find out if he or Levin has written an article about McCain's actual commitment to supporting -- or appointing, if elected President -- conservative judges. I don't think they've addressed this point specifically. But I'll just note that we know when McCain is emotionally stirred by an issue. He gets angry. He called, for example, Senator Cornyn a "chickenshit" and screamed "Fuck you!" at him when he tried to alter McCain's comprehensive piece of shit to make it more palatable to sovereignty-minded conservatives. Can anyone recall McCain putting his political chips on the line for a single conservative judge? Can anyone remember him displaying his well-known temper when a very fine man, Miguel Estrada, was slandered and filibustered by the Democrats for no other reason than the fact that he was eminently qualified, young, and Hispanic, and therefore a likely Supreme Court pick one day? Because I don't. A lot of people give Giuliani grief over his commitment to nominate conservative justices. I don't, myself. Because I know law and order guys hate liberal judges just as much as pro-life folks. Whether he's pro-choice or not, he doesn't want judges on the bench who invent new rights. But I don't see much examination over McCain's commitment to judicial conservatism. And yet we know that in the filibuster fight, he sided with Democrats to, essentially, preserve and ratify their victories in blocking good, qualified conservative judges. And we also know that while he may expend political chits on a few issues of importance to him -- the war and pork, mostly -- we never seem to see him using that MSM-supplied halo in the service of helping conservative jurists get to the court. Many of us seem to be assuming McCain would fight for a conservative judge. Why? What evidence is there of this? All the evidence we have points in the exact opposite direction. If you like Justices Kennedy and Souter and Breyer, you're going to love President McCain. Because I see many such "consensus judges" with "solid bipartisan backing" being nominated by President McCain. | Recent Comments
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