McCain castigates Obama on judges
WINSTON-SALEM, N.C. (AP) - May 6, 2008 Conservatives believe federal judges have upset the
constitutional balance of power among the courts, the Congress and
the presidency by making far-reaching decisions, such as one in
2005 that let cities seize people's homes to make way for shopping
malls.
"My nominees will understand that there are clear limits to the
scope of judicial power, and clear limits to the scope of federal
power," McCain said Tuesday in a speech at Wake Forest University.
McCain, the eventual GOP nominee, promised to appoint judges
who, in the mold of Roberts and Supreme Court Justice Samuel Alito,
would interpret the law strictly to curb the scope of their
rulings. While McCain didn't mention abortion, the far right
understands that such nominees would be likely to limit the Roe v.
Wade decision that legalized abortion.
Obama, on the other hand, voted against Roberts and Alito. So
did Obama's rival, Hillary Rodham Clinton, but McCain stayed
focused on Obama.
"Senator Obama in particular likes to talk up his background as
a lecturer on law, and also as someone who can work across the
aisle to get things done," McCain said. "But ... he went right
along with the partisan crowd, and was among the 22 senators to
vote against this highly qualified nominee."
"Apparently, nobody quite fits the bill except for an elite
group of activist judges, lawyers, and law professors who think
they know wisdom when they see it - and they see it only in each
other," McCain said.
The Arizona senator said his role models interpret the law
strictly, paying attention to what lawmakers intended, as opposed
to "activist" judges who, by striking down statutes or court
decisions, make laws rather than interpret them. "Activist" is a
term conservatives use pejoratively to criticize liberal justices.
Tuesday's Democratic primary in North Carolina was likely to
overshadow McCain's visit to the state. Along with Indiana, which
also votes, North Carolina is the biggest prize remaining in the
nomination battle between Clinton, a New York senator, and Obama,
an Illinois senator. McCain's advisers said timing of his speech
was not deliberate and that they accepted the invitation for him to
speak several weeks ago.
He appeared confused about where he was for a moment Tuesday,
saying, "I appreciate the hospitality of the students and faculty
of West Virginia," then correcting himself to say Wake Forest as
the audience laughed.
McCain was introduced at the school's Wait Chapel by former
Solicitor General Ted Olson, a high-profile conservative Washington
attorney, and was joined on the stage by a friend and one-time
rival, former Tennessee Sen. Fred Thompson, who shepherded Roberts'
confirmation through Congress.
By speaking about judges, McCain offered an olive branch to the
Christian right, which as been deeply suspicious of McCain.
He has clashed with its leaders and worked against them on
issues like campaign finance reform. He also joined the "Gang of
14," a group of senators - seven Republicans and seven Democrats -
who avoided a showdown over judges by agreeing to preserve the
minority party's right to block President Bush's nominees with the
filibuster.
At the time, Republicans held majority control of the Senate;
today, they are in the minority. McCain told reporters Monday he
would be hard-pressed to find a Republican opposed to the deal
"now that the numbers have changed."
Despite his rocky relations with the right, McCain's record on
their top priorities - cultural issues like abortion - is very
conservative.
While he did say once in 1999 that Roe v. Wade should not be
overturned, that amounted to a blip in an otherwise unbroken record
of opposing abortion rights for women. McCain has repeatedly voted
against federal funding for abortion and has opposed federal
Medicaid funds for abortion even in cases of rape or incest.
He also has cast conservative votes on judges. McCain has never
voted against a Republican nominee for the Supreme Court or federal
courts, the Democratic National Committee pointed out.
"When voters see John McCain's real record, they are not going
to elect a radical rubber stamp who voted for every one of
President Bush's activist judges and promises hundreds more just
like them," DNC chairman Howard Dean said Tuesday.