McCain and the Judicial Branch
Professors Steven Calabresi and John McGinnis come out in support of Sen. John McCain for President because he’s most electable and that electability gives conservatives a better chance at fighting back judicial activism:
We believe that the nomination of John McCain is the best option to preserve the ongoing restoration of constitutional government. He is by far the most electable Republican candidate remaining in the race, and based on his record is as likely to appoint judges committed to constitutionalism as Mitt Romney, a candidate for whom we also have great respect.
We make no apology for suggesting that electability must be a prime consideration. The expected value of any presidential candidate for the future of the American judiciary must be discounted by the probability that the candidate will not prevail in the election. For other kinds of issues, it may be argued that it is better to lose with the perfect candidate than to win with an imperfect one. The party lives to fight another day and can reverse the bad policies of an intervening presidency.
The judiciary is different. On Jan. 20, 2009, six of the nine Supreme Court justices will be over 70. Most of them could be replaced by the next president, particularly if he or she is re-elected. Given the prospect of accelerating gains in modern medical technology, some of the new justices may serve for half a century. Even if a more perfect candidate were somehow elected in 2012, he would not be able to undo the damage, especially to the Supreme Court.
There’s a bit of circular logic in there. We should vote for McCain because he’s electable. The reason he’s electable is because more voters have voted for him.
Their basis for supporting McCain on judges is more sound once the general election comes around and the choice could between McCain and Clinton/Obama. If that’s the choice in November conservatives are better off ignoring Ann Coulter and picking McCain.
“McCain and the Supreme Court” [via memeorandum]
Hi Sean-I drifted over here from glancing nostalgically at Fred’s website. I suppose it’s the vacuum of any true conservative in the race and the feeling that I am having my arm twisted to vote for McCain that is making me look back in wonder. I know Hannity is trying to convince voters that Romney is their guy, but truthfully, I am not sure ANYONE is “our guy” (or gal-just to be fair). What’s truly odd is that somehow either Ann Coulter is channeling me, or I am channeling her, because I posted a blog about supporting Obama because I simply could not stomach McCain or Clinton in th White House. My reasoning is that if we are going to get a liberal agenda anyway, then I don’t want the Republicans blamed for the ensuing chaos. I would like to have a chance for political payback at the midterms, because except for judiciary appointments, Congress is where the power lies. Those are my thoughts, but I think I am reflecting the opinions of far more people than the hardcore McCain supporters care to admit to themselves.