Legal Commentary

According to Jeffrey Toobin, in this much-remarked (though, in my view, underwhelming) New Yorker essay, Sen. McCain's May 6 speech on judges and the judiciary, and the facts that he "has long touted his opposition to Roe" and "has voted for every one of Bush?s judicial appointments", show that he is "getting his advice on the Court from the most extreme elements of the conservative movement."

I would have thought it was obvious and uncontroversial -- i.e., not "most extreme" -- that it is possible -- I've seen it done! -- for decent, thoughtful, informed people to believe that Roe was wrongly decided, that those of President Bush's judicial nominees who have been confirmed should have been confirmed, and that, generally speaking, it is a good thing to have federal judges and Justices who approach their work more or less in the way that Chief Justice Roberts and Justice Alito approach theirs.  (It is, of course, just as obvious to me that such people can and do think otherwise.)  No?  (Disclosure:  I'm on -- I confess! -- Sen. McCain's "judicial advisory committee", though I have yet to be asked by the Senator for any "advice", extremist or otherwise.)