McCain Opposes Activist Judges, Unless They’re Conservative
McCain Opposes Activist Judges, Unless They’re Conservative
One day after he warned that Republicans have a “very, very deep hole that we’ve got to come out of” with Latino voters, Sen. John McCain (R-AZ) announced that he would oppose the first Latina nominated to the nation’s highest court. Moreover, in his statement opposing Judge Sonia Sotomayor, McCain misrepresents his own record on judges:
Again and again, Judge Sotomayor seeks to amend the law to fit the circumstances of the case, thereby substituting herself in the role of a legislator. … To protect the equal, but separate roles of all three branches of government, I cannot support activist judges that seek to legislate from the bench. I have not supported such nominees in the past, and I cannot support such a nominee to the highest court in the land.
Despite his claim that he has never supported a judge who “seeks to amend the law to fit the circumstances of the case,” McCain voted in favor of Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito; and he described both Roberts and Alito as “model judges” during the 2008 campaign. A few of these three justices’ greatest hits include:
- Repealing the Twentieth Century: In three opinions that read like a tea-bagger’s wet dream, Justice Thomas would have restricted Congress’ power to enact economic regulation to a point unheard of since the Great Depression. A short list of laws that would simply cease to exist in Clarence Thomas’s America includes “the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the sick leave portions of the Family and Medical Leave, the Freedom of Access to Clinics Act, as well as minimum wage and maximum hour laws.”
- Selling Justice To The Highest Bidder: Roberts, Thomas and Alito all joined dissents arguing that a West Virginia coal magnate could literally buy a judge for $3 million to overturn a verdict against his company.
- Corporate Immunity From the Law: Joined by Roberts, Alito wrote a dissent arguing that drug companies have almost-total immunity from the law when one of their dangerous products caused a former professional musician to lose her arm and her ability to play music. Roberts, Thomas and Alito also joined a majority opinion giving sweeping immunity to the makers of dangerous medical devices.
- Massive Resistance: All three justices joined a radical opinion which not only held that it is unconstitutional for school boards to desegregate public schools, but which audaciously cited Brown v. Board of Education for this proposition.
- This Election Brought to You By Wal-Mart: Perhaps most ironic of all, all three of McCain’s justices are poised to declare McCain’s signature legislative accomplishment, campaign finance reform, unconstitutional.
As a Yale Law School study published before Roberts and Alito joined the Supreme Court determined, Justice Thomas is the one justice who is most likely to vote to invalidate an Act of Congress — doing so a massive 65.63% of the time. The Court’s two Clinton appointees, Justices Ginsburg and Breyer, are the least likely to second-guess Congress. So McCain has no problem with judges who “substitute [them]self in the role of a legislator;” he’s just upset that Sotomayor won’t push the same right-wing agenda as his favorite justices.
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Yup, Grampy. We know. IOKIYAR.
Now get off his lawn.
August 3rd, 2009 at 4:32 pmI hope his “NO” vote on Judge Sotomayor comes back to bite him on his ars, right next to where Sara kissed it.
August 3rd, 2009 at 4:33 pmHypocritically opposing a judicial nominee on baseless partisan grounds; how mavericky!
August 3rd, 2009 at 4:36 pmJohn McCain’s theme song for where he stands in the Republican Party: Clowns to left of me, Jokers to the right and here I am, Stuck in the Middle with You.
August 3rd, 2009 at 4:36 pmYou forgot the most blatant judicial activism of all time: Bush vs. Gore.
August 3rd, 2009 at 4:38 pmMcCain has stated a conclusion about Sotomayor being an activist judge, but her record is totally the opposite of being an activist. He is just following the party line opposing Sotomayor. There are more liberal judges that Obama could appoint, but has not because he understands Constitutional law and the function of the courts. McCain is clueless about both.
August 3rd, 2009 at 4:39 pm“in his statement opposing Judge Sonia Sotomayor, McCain misrepresents his own record on judges”
And this is from a Senator that can’t remember how many homes that he has [actually those homes are Cindys].It’s nap time for Grandpappy McSame. His selective memory on his record on judges and so on [especially when he is up for re-election] will bite him.
August 3rd, 2009 at 4:39 pmI hope he looses his seat soon, because he made an ass of himself lately, and we can’t have guys like that making our decisions for us.
August 3rd, 2009 at 4:40 pm“McCain Opposes Activist Judges, Unless They’re Conservative”
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Oh, please. The very definition of “activist judge” to a conservative is “any judge who rules the way we don’t want him/her to”.
Therefore, to them, a “conservative activist judge” is an oxymoron.
When a conservative judge actually does legislate from the bench in their favor, they just call it an accurate interpretation of the Constitution.
August 3rd, 2009 at 4:40 pm@Gary Kleppe
For some reason that I’m sure has nothing to do with the 2000 primaries, I doubt that McCain supported that particular decision.
August 3rd, 2009 at 4:41 pmAnd again, missmolly comes in with the truth stated so perfectly, it requires no further clarification.
I applaud you, yet again, missmolly.
August 3rd, 2009 at 4:43 pmI have a feeling that McCain is about to announce retirement in 2010 and not run for reelection. I think there is a number of reasons for this:
After almost being able to taste the Presidency, makes another term in the Senate seems like poor consolation.
He has blown off all the Hispanics in Arizona by announcing he is voting against Sotomayer. If he is not running he doesn’t need them.
All the potential campaign information that any competitor will ever need is there, left over from 2008. They could just rerun, reedit some of Obama’s campaign ads. You could do it cheap.
I think McCain is going to head off to the ranch. Cindy is probably bummed to think about him hanging around the house.
August 3rd, 2009 at 4:44 pmSooo glad he’s not the Pres.
August 3rd, 2009 at 4:44 pmSounds like Uncle Grumpy got confused again. Either that or he is afraid of a primary challenge from someone even nuttier than him. Imagine how upset the wingers would be if Obama hadn’t nominated a judge who was originally elevated to the federal bench by a Republic president.
August 3rd, 2009 at 4:44 pmWHO
CARES ?!?!?!??!?!?!
August 3rd, 2009 at 4:48 pmWiz says
August 3rd, 2009 at 4:44 pm
I think McCain is going to head off to the ranch. Cindy is probably bummed to think about him hanging around the house.
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Eh — don’t worry about Cindy. The McCains have enough houses that Cindy can always be in a separate one if she chooses.
Like you, I doubt McCain will run again in 2010. In addition to the reasons you list, it seems to me that the man doesn’t have the passion for what he does any longer. He’s just going through the motions.
August 3rd, 2009 at 4:57 pmThis comment has been voted down. Click to read.
Well it looks like Ol’ Man McCain did not learn from his presidential campaign, and has gone to his right to win the primary only to lose those independents in the general election.
August 3rd, 2009 at 5:03 pmconservative guy says:
She’s a racist
If any of us thought that were true, we would not support her. good to know you do not support racists either. Rest assured Sotomayor is nothing like the picture the conservatives have painted.
August 3rd, 2009 at 5:06 pmWell, McCain said Palin was ready for the WH, too. There is a video on this site posted below. Check it out for yourself to see the deception brought upon the American people. The GOP will stop at nothing it seems.
http://palingates.blogspot.com/2009/07/sarah-palins-pregnancy-is-hot-topic.html
August 3rd, 2009 at 5:08 pmWhatever McCain believes or says is of no importance. He is just one of the zombies pledging (showing) loyalty to the conservative ideology that has run rampant since the late 70s. Fortunately the rethugs are in a serious minority (heartily disliked and not trusted by the majority of people) consisting of the teabagging 20%ers.
Sotomayor will pass handily and McCain’s vote only verifies his credentials in the “Club of the 20%ers” which he values more than life. Or as Mark Twain would have it, McCain died at 30 and simply has not been buried yet. Hopefully Arizona will awaken to the disasters that have been representing them and throw the bums out.
August 3rd, 2009 at 5:09 pmCaption Contest:
“Brazilian. Hot. Momma.”
August 3rd, 2009 at 5:10 pmLove that picture of the grand old man. I’d be very surprised if he runs again, but then he’s really doesn’t seem to possess good judgement.
August 3rd, 2009 at 5:13 pmYes – gotta love that pic of McCain. It’s time for this guy to retire.
August 3rd, 2009 at 5:16 pmIn three opinions that read like a tea-bagger’s wet dream,
____________
So is that like a nocturnal darjeeling emission or what?
August 3rd, 2009 at 5:17 pmMiles of tiny tubes
August 3rd, 2009 at 5:17 pmContained only by skin-bag
Old Republicans
Poor, irrelevant McIIIrd. Reduced to flip flopping on the Latino/Neocon ass kissing parade.
August 3rd, 2009 at 5:21 pmconservative guy says:
She’s a racist and anti 2 amendment.
August 3rd, 2009 at 5:03 pm
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Didn’t you get the memo? You guys aren’t using this talking point anymore.
August 3rd, 2009 at 5:23 pmYes Grampay McCain is suffering from memory lost and he’s over dosed on his skin cancer meds. Now McCain is out right racist and it took all he had to suck up to President Obama. With much of his brain gone with drinking and drugs McCain is left to now just hope the voters will remember White’s Rule and give him their vote as he get’s his pay to play money from Lobbyist. Now Grampy doesn’t care about the voters of Arizona and he hopes the minorities will still be in fear of the White man or just don’t vote at all.
August 3rd, 2009 at 5:25 pmHi conservative guy?
August 3rd, 2009 at 5:27 pmI so want a rocket launcher. Do you have one?Can you tell me whether foreign or domestic ones are better. Any asswipe comes through my door threatening my family and such and I will so f uck them up with that…
Wait a minute. This is Flippy McSpin we’re talking about. Since he’s said he will oppose Judge Sotomayor, we can count on his support.
August 3rd, 2009 at 5:30 pmdbadass, rocket launchers are illegal dumbass. Get a clue.
August 3rd, 2009 at 5:34 pmMerlin says:
Hopefully Arizona will awaken to the disasters that have been representing them and throw the bums out.
i would love to believe this but unfortunately this will never happen as Arizona has recently tried to out south the south with its recent acts of dumbassery, from saying that the POTUS hasn’t done enough to deserve an honorary degree, to Ms.”the earth is 6000 years old”. This is Arizona the state is full of McCains.
RIP
August 3rd, 2009 at 5:56 pmSGT Stephen R. Sherman
C CO 1-5 IN (STRYKER)
KIA 3 Feb 2005
Mosul, Iraq
Sen McCain is threatening to Fillibuster additional funding for the “Cash for Clunkers” Program in the Senate.
He can’t stop Judge Sotomayer, but he CAN block the Wildly Successfull CfC Program.
Makes me think he’s not going to run again.
August 3rd, 2009 at 5:59 pmThis is the stupidest definition of “judicial activism” I have ever read. It makes me wonder if the author knows anything about the Constitution. The Constitution provides parameters for Congress to operate. Striking laws down as unconstitutional is not substituting for the legislature or being activist. It is doing what a judge is supposed to do when a legislature oversteps its bounds. If only we had more “judicial activists” we wouldn’t have cases like Kelo. I assume the author considers Brown v. Board of Education to be “activist” as well.
August 3rd, 2009 at 6:04 pmconservative guy:
August 3rd, 2009 at 6:08 pmbut why? Either way I think we have lots to talk of. So how ya been?
According to 17. Conservative guy, McCain is a RINO.
Is there any repub who isn’t ?
August 3rd, 2009 at 6:08 pmAfterwards I will slice them up with my bayonet as that was “typical” of “common” soldiers thus making my cutting and piercingtools legit…
August 3rd, 2009 at 6:13 pmThe ultimate in judicial activism was Bush v. Gore. Any Republican who even mentions the words “judicial activism”, should piss in their pants from pure guilt. Republican hypocrisy extends to the moon.
August 3rd, 2009 at 6:20 pmJudicial activism and strict interpretation are code words for Republicans who don’t like Democratic appointees. In reality, the Republican appointees are just as much guilty of judicial activism and not following strict interpretation of the Constitution. When Republicans are distorting the law, they claim they are following the Constitution which is a lot of El Toro caca.
August 3rd, 2009 at 6:24 pmGrampy McSame says – My Friends back in the day we only allowed really old white guys to be judges and that is how it should be, really, really old, cranky, hateful, bigoted white men only, we give them the gavel and bam, just like that they start making judgments we like, like throwing those dark…er…other ones in the old hoosgal for life, evidence? We don’t need no evidence, we’re the old white guys club, now if you think I’m going to vote for a Mexican and a Woman you are out of your cotton picking mind, does Mexican say WHITE, hell no, does WOMAN say MAN, hell no, mexicans are for yard work and women are for the kitchen, so I’m going to vote hell no….oops got all worked up and did a little poopie mess…honey would you come here and clean up gramps?
She’s not a mexican, moron, and she is more qualified than any of those Conservative Activist Judges you support.
August 3rd, 2009 at 6:36 pm.
Of course activist Judges would never decide a National Election…
… NO?
Oh, I forgot…
… They sided with the GOP so that’s NOT being an activist.
.
August 3rd, 2009 at 9:27 pmRepublicans are doing a fantastic job at distancing themselves from the Latino voters. Keep up the good work, fellas.
August 3rd, 2009 at 10:44 pmMcCain is as irrelevant as Bob Dole. One more election cycle and he’s gone. They’ll have a new hero. McCain is at best a G.O.P. consolation prize. At least he’s sticking around long enough to shoot his cohorts in the foot. The Latino vote?
August 3rd, 2009 at 11:26 pmWell, since all of the evidence in her judicial history and the Bar Assoc all say otherwise, this can only mean one thing:
REPUBS are the party of NO to everything OBAMA!
August 4th, 2009 at 12:09 amHe looks like an alien in this pic. Like there’s a high-pitched squeal coming out of his mouth.
August 4th, 2009 at 12:18 amI’m late to this thread, but my God – that’s a freaking scary picture!!
August 4th, 2009 at 1:00 amImagine this fool as POTUS?
August 4th, 2009 at 1:54 amMcCain does “maverick” about as well as he does “fighter pilot”.
August 4th, 2009 at 2:49 amScalia, Thomas, Alito and Roberts are the most activist judges to sit on the bench in generations. Obama shouldn’t have given this tool the time of day. What a waste of O2.
Looks like his audition for “Body Snatchers”.
August 4th, 2009 at 2:50 amI’m thinking these guys are seeing the writing on the wall. I’ve always heard that what goes around comes around and I think that all of these old guys are afraid that theirs is coming around. They’re scared s***less that whites are soon going to be in the minority and that they’ll never have any real power again. Putting a Latino judge, who’s ten times more intelligent than any of those old farts and female at that, on the Supreme Court could be a major start on that coming around thing….can you imagine these guys being called a “minority” and fearing the idea of becoming something they’ve hated for their whole lives? When I do imagine it, and I really do like to do that, I just gotta laugh big time.
August 4th, 2009 at 5:54 am