Federal Judiciary

George Will's Question for Clinging Conservatives

By AndrewHyman

George Will wrote today:

The more McCain talks -- about wicked "speculators," about how he reveres ANWR as much as the Grand Canyon, about adjusting the planet's thermostat, etc. -- the more conservatives cling to judicial nominees as a reason for supporting him. But now another portion of his signature legislation has been repudiated by the court as an affront to the First Amendment, and again Roberts and Alito have joined the repudiation. Yet McCain promises to nominate jurists like them. Is that believable?

Yes, it's believable. The Supreme Court's recent decision in Davis v. FEC struck down a small portion of the McCain-Feingold Act. The so-called "Millionaire's Amendment" was not part of the original legislation, and was merely added during floor debate in order to get some more votes. McCain knew that some parts of McCain-Feingold would be held unconstitutional, which is why he opposed a non-severability provision that would have gutted the whole Act if any part is deemed invalid.

Even if SCOTUS shoots down more of McCain-Feingold, McCain has said unequivocally that "1) he was and is committed to supporting Justices Roberts and Alito and 2) McCain-Feingold would not be a litmus test for the justices he appoints."

And if George Will wants judges to strike down McCain-Feingold, the last person he should want in the White House is Senator Obama. All of Obama's model justices (Breyer, Souter, and Ginsburg) voted in Davis v. FEC in favor of the constitutionality of McCain-Feingold.

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Full post as published by ConfirmThem on June 27, 2008 (boomark / email).