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SCOTUS, McCain-style

From yesterday’s WaPo:

A Win by McCain Could Push a Split Court to Right

Huh, you think?

**********

It’s obvious, yes, but it needs to be said. Many people still seem to regard McCain as some sort of moderate, a maverick moderate who isn’t like most Republicans. While he’s broken with his party in the past, though, he isn’t nearly the maverick or moderate his media image would suggest he is, along with his various detractors on the far right and some of his admirers among the self-styled “centrist” crowd. On the contrary, he has a long, long record of conservatism on social issues to go along with worse-than-Bush neoconservatism on foreign and military issues and, more recently, a Bush-like conservatism on fiscal and economic issues (he now loves Bush’s tax cuts for the wealthy and has even made peace with Grover Norquist and the anti-tax crazies).

And so — duh — a McCain presidency would likely push an already conservative Supreme Court even further to the right. With the liberals much older than the conservatives — Stevens, for example, is 88! — President McCain (and how painful it is to write that) would be in a position to establish a solid conservative majority for decades to come… or at least for a long, long time to come, given that he would appoint the likes of Roberts and Alito to the court.

And just think what a solid conservative majority, with or without Kennedy, would have to say about abortion (so long, Roe)… and the death penalty (Old Testament justice)… and gun control (none)… and the environment (global warming? what global warming?)… and free speech (the First Amendment is overrated)… and habeas corpus (so quaint, so passé)… and torture (bring it on!)… and executive power (Republican presidents are omnipotent gods)…

Anyone even flirting with voting for McCain — and that means you self-styled centrists and independents, and you disgruntled Hillary supporters, and you so-called Reagan Democrats, and you Naderites and others on the left who think it doesn’t make a difference whether it’s a Democrat or a Republican in the White House — ought to think about this rather seriously before buying the whole maverick moderate myth.

McCain is nothing of the sort. And he’d make the judicial nominations, including to the highest court in the land, to prove it.

(Cross-posted from The Reaction.)

  • Neocon
    And a conservative supreme court as opposed to a liberal supreme court would be bad how??
  • roro80
    Neocon, uh, read the post again, maybe. Or just this paragraph:

    And just think what a solid conservative majority, with or without Kennedy, would have to say about abortion (so long, Roe)… and the death penalty (Old Testament justice)… and gun control (none)… and the environment (global warming? what global warming?)… and free speech (the First Amendment is overrated)… and habeas corpus (so quaint, so passé)… and torture (bring it on!)… and executive power (Republican presidents are omnipotent gods)…
  • Rambie
    Roro80, please don't feed the trolls.

    McCain has been moving to "right" for years now. I used to think it was just to get on the GOP ticket for 2008 but lately it seems he's showing his true colors now.
  • Neocon
    Roro80 and Rambie.

    Abortion. If Roe v Wade were struck down abortion would become once again a states right issue where it belongs.

    Death penalty. 64 percent of Americans believe in the validity of it.

    Gun Control. It is protected under the 2nd amendment and would continue to be so.

    Global warming? The supreme court is going to rule on global warming?

    Free speech? Seems like the only ones wanting the fairness doctrine revisited is the Democrats.

    Habeas Corpus. The courts ruled. The government will comply.

    Torture. No supreme court is going to rule in favor of torture. Gimme a break.

    Executive power? It fluctuates and has since George Washington. Its the nature of the 3rd branch of Government.
  • JSpencer
    To the extent that the SC is such a mirror image of the deep partisan divide in the US, why should anyone be convinced that a more "conservative" make-up would do anything to make the court any more supreme? Pardon me if I remain skeptical. In the absence of a court not ruled primarily by ideologies (as opposed to constitutional considerations), then I'd prefer to at least see a balance of ideologies represented.
  • kryon77
    Remember, if Roe is overturned, abortion would be legal in most states, including the big ones: NY, CA, IL, FL, etc. Partial-birth abortion would be outlawed almost everywhere, because most Americans have an aversion to "Saw"-like grisly torture-murders.

    But the point here is that the legal landscape would be quite different than some on the center-left & left suppose, I might be wrong on this - if so, I'm sure I'll be corrected - be even in 1972 when Roe came down, I think abortion was either legal or in the process of becoming legal in the big states NY and CA.
  • runasim
    Underlying 'conservative' or 'liberal' courts are also different judicial and Constitutional philosophies. For example: is 'intent' to be discerned only by reconstructing conditions at the time of the writing of the Constitution,, or where the FF far sighted enough to realize conditions and society would change and they were attempting to set up a framework within which changes could be accomodated? Are rights limited to only those specifically named, or are rights limited only by specifiied restricions?

    The FF were very diverse in their views, and yet they created a brilliant document.
    The consevatives' inssitence that there is only one 'correct' way to read the Constitution dishonors their legacy.

    A court that is better balanced than the current one would allow for more openness in deliberations, while a lack of diversity can cause calcification in thought processes.

    iMore diversity might also make some partisans realize that an opinion is just an opinion, not some kind of ultimate truth.
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