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McCain promises to nominate conservative Justices to SCOTUS

Flintlock

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http://www.ft.com/cms/s/0/74283a7e-1b97-11dd-9e58-0000779fd2ac.html?nclick_check=1

McCain seeks to quash fears on the right

By Andrew Ward in Washington


Published: May 6 2008 20:53 | Last updated: May 6 2008 20:53


John McCain promised on Tuesday to nominate conservative judges to the Supreme Court and for other judicial vacancies, seeking to quash doubts among some Republicans about his conservative credentials.

The Republican presidential candidate said he would use John Roberts and ­Samuel Alito, who were appointed to the Supreme Court by President George W. Bush, as his “model” when choosing nominees.

Judicial nominations have become one of the most explosive flash points in the US “culture war” between liberals and conservatives, with each side accusing the other of pushing their agenda through the courts.

Mr McCain is viewed with suspicion by some conservatives because of his willingness to work with Democrats in Congress and his history of conflict with fellow Republicans. But the senator insisted he would stick to conservative principles when appointing judges.

“I have my own standards of judicial ability, experience, philosophy and temperament,” he said. “And Chief Justice Roberts and Justice Samuel Alito meet those standards in every respect.”

Mr McCain warned that both Barack Obama and Hillary Clinton, the Democratic presidential contenders, favoured “activist” judges who would ride roughshod over the constitution. “They are both lawyers themselves and don’t seem to mind at all when fundamental questions of social policy are pre-emptively decided by judges instead of by the people and their elected representatives,” he said.

Many conservatives believe that federal judges have exceeded the powers granted them by the constitution in recent decades with precedent-setting rulings such as the Roe v[/i] Wade decision that legalised ­abortion.

Mr McCain criticised Mr Obama for opposing the nomination of Mr Roberts in 2005, arguing that the “partisan” vote undermined the Illinois senator’s claim to be a consensus-builder.

Some conservatives are resentful of Mr McCain’s membership of the so-called “Gang of 14” senators. the group brokered a compromise in 2005 after Republicans threatened to change Senate rules to stop Democrats blocking judicial nominations by the Bush administration.

Mr McCain defended his role in the episode yesterday, arguing that the deal helped secure the nomination of Mr Roberts and other conservative judges.

Ed Whelan, president of the Ethics and Public Policy Center, a conservative legal group, said Mr McCain’s speech was “very encouraging” and drew “a clear line between his support for judicial restraint and Obama’s promise to appoint liberal judicial activists”.

Democrats said the speech provided more evidence that Mr McCain would represent a continuation of the Bush administration.
 
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