Republican Party of Virginia: McCain Indicts Judges Who ‘Make’ Law
- IN CASE YOU MISSED IT…

FROM THE REPUBLICAN PARTY OF VIRGINIA

May 07, 2008

CONTACT: Josh Noland
804-780-0111 Office ~ 804-201-1527 Cell
jnoland@rpv.org


Joseph Curl, The Washington Times, May 7, 2008

RICHMOND, VA – John McCain detailed his conservative judicial philosophy and his plan to appoint those who agree with that philosophy to the federal bench during a stop in North Carolina Monday.

According to The Washington Times’ May 7, 2008 article, “McCain Indicts Judges Who ‘Make’ Law,” Republican John McCain declared that judges he appoints to the federal bench will have a firm grasp on the limits of judicial and federal powers: [McCain] said America's courts have strayed far from the edict of the Founding Fathers, who laid out "not just guidelines," not "helpful suggestions," but a clear set of limits.

"The moral authority of our judiciary depends on judicial self-restraint, but this authority quickly vanishes when a court presumes to make law instead of apply it. A court is hardly competent to check the abuses of other branches of government when it cannot even control itself," Mr. McCain said. "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 also pointed in his speech to the stark differences that exist between his conservative judicial philosophy and the judicial activist philosophy of Democrat Barack Obama: The Arizona senator also took aim at potential general election opponent Sen. Barack Obama, who opposed Supreme Court Chief Justice John G. Roberts Jr. Mr. McCain quoted Mr. Obama's criteria for a good justice as someone who shares "one's deepest values, one's core concerns, one's broader perspectives on how the world works."

"These vague words attempt to justify judicial activism — come to think of it, they sound like an activist judge wrote them," Mr. McCain said, drawing laughter.

Judicial conservatives, including former Senator Fred Thompson, had high praise for McCain’s speech: The speech was warmly received by conservatives. Mr. Thompson told the Fox News Channel it was "a manifesto for constitutional government," and Curt Levey at the Committee for Justice, which tracks judicial nominations, called it "one of the best we've heard."