McCain slams Obama, “activist judges” in judicial speech
Winston-Salem, NC — Sen. John McCain slammed his Democratic rivals’ judicial philosophy and railed against “activist judges” who show “little regard” for the Constitution and even “less interest” for the interests of the American people, during a speech today at Wake Forest University.
“Some federal judges operate by fiat, shrugging off generations of legal wisdom and precedent while expecting their own opinions to go unquestioned. Only their favorite precedents are to be considered “settled law,” and everything else is fair game,” McCain said, addressing more than 2,000 University students, staff and faculty at the college’s Wait Chapel, before turning his attention to the Democrats. “”Senators Obama and Clinton have very different ideas from my own. They are both lawyers themselves, and don’t seem to mind at all when fundamental questions of social policy are preemptively decided by judges instead of by the people and their elected representatives. Nor have they raised objections to the unfair treatment of judicial nominees.”
McCain focused much of his fire at the Democratic frontrunner and continued to paint Sen. Barack Obama as elitist and out of touch–rebuking the Illinois Senator for using “vague words” to justify judicial activism and maintaining standards that “proved too lofty” to vote to confirm the “brilliant, fair-minded” Chief Justice John Roberts. (VIDEO ABOVE)
“He went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee,” McCain said, as he completed a two-day swing through the Tar Heel state partially meant to steal some attention from the Democrats competing in today’s primary. “Somehow, by Senator Obama’s standard, even Judge Roberts didn’t measure up. And neither did Justice Samuel Alito. Apparently, nobody quite fits the bill except for an elite group of activist judges, lawyers, and law professors who think they know wisdom when they see it — and they see it only in each other.”
Flanked by former presidential rival Fred Thompson and former Solicitor General Ted Olsen–both held in very high-esteem by conservatives–McCain outlined his judicial philosophy in a speech that sought to bolster his support on the right.
“I will look for accomplished men and women with a proven record of excellence in the law, and a proven commitment to judicial restraint…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 said.
Though McCain fed some red meat to his skeptics on the conservative right who are critical of his participation in the bipartisan Gang of 14–a group of senators who created a temporary truce to vote through some but not all Bush federal court appointments–he avoided discussion of some of the hot-button social issues like Roe v. Wade and gun rights.
The presumptive GOP nominee instead cited three other cases to amplify his argument about the abuses of the court–cases on eminent domain (Kelo v. City of New London), the death penalty (Roper v. Simmons) and religious symbolism in school (Newdow v. United States Congress, Elk Grove Unified School District, et al.), respectively– as “capricious rulings has been to spread confusion instead of clarity in our vital national debates.”
But in an email sent to supporters just after the speech, McCain did reference the court’s impact on traditionally important social issues. “I’m sure I don’t have to remind you how important even one vote on the Supreme Court can be. Issues concerning states’ rights, abortion, affirmative action, the Second Amendment and religious freedom have all been decided by a very slim 5-4 margin,” McCain wrote in the fundraising appeal, subject-lined “Combating Judicial Activism.”
Democrats were quick to respond today, continuing to make their case that McCain offers a continuation of Bush administration policies.
“The Straight Talk Express took another sharp right turn today as John McCain promised his conservative base four more years of out-of-touch judges that would threaten a woman’s right to choose, gut the campaign finance reform that bears his own name, and trample the rights and interests of the American people,” said Obama campaign spokesman Tommy Vietor. “Barack Obama has always believed that our courts should stand up for social and economic justice, and what’s truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves.”
Meanwhile, DNC Chairman Howard Dean attacked what he calls McCain’s “radical, right wing judicial philosophy,” and accused him of putting “loyalty to his party and a radical agenda ahead of the American people.”
Two other quick notes: McCain has grown more comfortable with use of the teleprompter in recent weeks as he delivers more prepared remarks but did flub one line today when he accidentally thanked the students and faculty of “West Virginia.” He quickly caught himself, telling the crowd “I’m catching up with my speech here,” and went on to thank “Wake Forest University.”
Members of the press as well as audience members waiting for the speech also heard what sounded like a new musical playlist over the PA system as we awaited McCain’s arrival. Synthesized, muzak versions of Madonna’s “Material Girl,” Michael Bolton’s “When a Man Loves a Woman” and Air Supply’s “All Out of Love” were among the pop hits which replaced McCain’s normal soundtrack. Meanwhile, McCain also left the stage to a rendition of the Wake Forest University fight song instead of his traditional exit music, Chuck Berry’s “Johnny B. Goode.”
Tags: barack obama, Fred Thompson, john mccain, judicial appointments, wake forest university
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Thank you John McCain…for speaking the truth. By the looks of the democratic leadership they are going to SELECT Obama as your running mate..you will have my full support..and vote..Great Speach…I only heard part of it but the part I heard was very Inspirational…
“Meanwhile, DNC Chairman Howard Dean attacked what he calls McCain’s “radical, right wing judicial philosophy,” and accused him of putting “loyalty to his party and a radical agenda ahead of the American people.””
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Radical?…Howard Dean is one the best assets the Republicans have.
Jim,
why educated people support Obama
_____________________________________________
Colleges and universities are full of left wing extremist Prof. like Ayers. So educated people generally support candidates like: Jimmy Carter , Hubert Humphrey, George McGovern, Walter Mondale, Michael Dukakis, Al Gore, John Kerry, and Barack Obama. Notice the pattern? All losers!
I agree with Bruce, the democrats promote the candidate from the extreme left, and wonder why they fail. The election worries me this time however, because the media especially MSM, are so pro Obama it is sickening. They rarely post my comments.
Democrats have lost 7 of the last 10 presidential elections, with a strong possibility of being 8 of 11 after 2008 general election. All with Democratic nomminees backed by educated affluent liberals, college students, and African Americans. Seems to me the Democratic party has a flaw in its nomminating process.
http://uk.reuters.com/article/oilRpt/idUKL0444578520080504
FREE AND THE BRAVE,
try shortening your name? that works sometime!
Another issue that McCain is 100% right on!!! Obama only likes liberal elites like himself and can’t stand that Republicans appoint judges who (*gasp*) would rather uphold the consitution than schill for the latest liberal fad.
No wonder McCain didn’t want everyone to focus on Wright, he can attack Obama for who he is and do far more damage then any scandal could.
[...] McCain said today: [...]
This is a prelude to the pounding Obama will take in the general campaign. He’ll be forced to reveal his policy agenda (finally), and it’ll go down hill from there.
McCain in a landslide. Might even get the Seante back in GOP hands.
This will give the conservative base 4 years to re-group in preparation for 2012.
Nine US Supreme Court Justices
7 were appointed by Republicans
John Paul Stevens - appointed by President Ford
Antonin Scalia - appointed by President Reagan
Anthony Kennedy - appointed by President Reagan
David Souter - appointed by President George HW Bush
Clarence Thomas - appointed by President George HW Bush
Ruth Bader Ginsburg - appointed by President Clinton
Thephen Breyer - appointed by President Clinton
Samuel Alito - appointed by President George W Bush
John Roberts - appointed by President George W Bush
McCain should give us the straight talk - it is the conservatives appointing these “activist judges.”
Instead, we, the public, are fed more lies. It the liberals’ fault!
Howard Dean attacked what he calls McCain’s “radical, right wing judicial philosophy,” <<<<
LOL. Yeah nothing is more radical than enforcing the Constitution of the United States as a Supreme Court Justice. I have to admit. I am a moderate and have already chosen McCain as my man, but everytime Dean speaks my skin crawls. If I was undecided this guy would drive me away from the Democrats.
[...] Perkins praises McCain remarks by Mosheh Oinounou Family Research Council President Tony Perkins, a leader of the social conservative community, is a fan of today’s remarks: [...]
[...] McCain said today: [...]
Funny how there is no such thing as a Republican “Activist Judge”…. of course in reality there is no such thing as an “Activist Judge” at all. There are only judges whose decisions you disagree with. Isn’t it also funny that the Republican party is currently trying to do through the courts (abolish abortion, enshrine Christianity as the defacto official religion of the USA, legalize discrimination based on race, sex, and sexual orientation) what they can’t do through legislation? Haven’t they accused the “liberals” of doing the same thing for years now? The fact is, most Americans support legalized abortion, don’t want Christianity to be the offical religion of the USA, and despise discrmination. Yet the Republican Party, pushed by the dollars of the religious right and their large single voting block (organized and run by tax exempt organizations such as Focus On The Family, Concerned Women For America, and other religious organizations who do political work not conforming to their tax exempt status) won’t listen to the people. They only listen to the money and the political voting block. Individuals don’t matter. Conform to how we tell you to behave. Pray to whom we tell you to pray to. And make sure we stay rich.
If John McCain is elected, he is going to have to give a political payoff to the religious right, and that will be the Supreme Court. Elect John McCain, and if you are not a white Christian heterosexual male you will become a second class citizen. Elect John McCain and you will be one step closer to having a Christian version of the Taliban running the USA.
This election is truly a “lesser of evils” decision. And John McCain is NOT the lesser of the evils.
Marc and Jim,
why educated people support Obama
_____________________________________________
Colleges and universities are full of left wing extremist Prof. like Ayers. So educated people generally support candidates like: Jimmy Carter , Hubert Humphrey, George McGovern, Walter Mondale, Michael Dukakis, Al Gore, John Kerry, and Barack Obama. Notice the pattern? All losers!
Jim and Marc,
Democrats have lost 7 of the last 10 presidential elections, with a strong possibility of being 8 of 11 after 2008 general election. All with Democratic nomminees backed by educated affluent liberals, college students, and African Americans. Seems to me the Democratic party has a flaw in its nomminating process.
Mike blathers…
. Elect John McCain and you will be one step closer to having a Christian version of the Taliban running the USA.<<<
What a bunch of propagandist b u l l s h i t…….is that you Howard Dean?
Scott919,
I think that was Howard D and Nancy P. lmao!
It is unfortunate that McCain has to be the candidate to stop the Elite Left. Unfortunately none of the moderate Democrats care to stop the hijacking of their own party.
Stop and ask yourself this question. How did Barack Obama become the front-runner? With little Washington experience, no foreign policy experiece, no record of ever crossing party lines either in Washington or in Illinois, and consistently trailing Clinton for 2 years prior to the first primary.
Want to know who is behind Obama’s sudden popularity?
You might be surprised!
Visit: http://politicallydrunk.blogspot.com
Hillary vs. obama
“this is a battle between the Wealthy & Elitist Far-Left Leadership & Supporters of the DNC and the Left-Of-Center Clinton Political Machine. This primary turmoil was directly brought on by the far-left of the Democratic Party who have turned to Populism, Voter Disenfranchisement, and taken advantage of states with inequality in how they award pledged delegates”.
John McCain is absolutely right. There are three branches of government: The Executive, the Legislative and the Judicial branches of government which are a system of checks and balances. This is basic US government classes. What BO wants to do is have the judges make social policy from the bench - that violates the checks and balance that’s in place. I want a judge to interpret the laws, interpret the Constitution. We vote for legislatures to make the laws. If the Court is going to overstep their boundaries, who is going to check them? - not everyone who goes to Harvard is smart!!!
Good for you McCain!!!!
Let me spit in your face.
Let me poke you in the eye.
Let me call your mama names.
Let me be the president. B.O. approves of this message.
Guiliani’s comments demonstrate a diversion from the foundations upon which our county was built. His thoughtless remarks about the role of “judges” and the Judicial Branch of government seem to ignore the very heart of the U.S. Constitution, as revealed in the Preamble: WE THE PEOPLE of the United States, in Order to . . . establish Justice, insure domestic Tranqillity . . . promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity . . . etc. It is the absolute duty of the judicial branch to uphold the Constitution; that reasonable, intelligent, educated people may disagree on interpretation is to be expected. Such disagreement should have nothing to do with politics, although, as we saw in 2000, politics have become a very big part of some Supreme Court Justices’ personal and professional roadmaps. Moreover, McCain’s comments about the appointment of judges and the “elitist” (E-word) name-calling reminded me of Agnew’s attacks on the educated during the VietNam era. Does this signal an increasing attack upon those whose political or judicial opinions are actually INFORMED opinions? Reminder: The taxes of all taxpaying citizens support educational institutions; why should anyone seeking public office demean the product of those educated in the law? Would McCain have said such ridiculous things about medicine, or say that doctors were just “talking to themselves”? Alert: If you hear the word “elite” from the mouth of a politician, don’t bother to listen to the rest: he or she in just name-calling. We know who “the elite” are.
VOTE McCain ‘08
Yee-hah! That’s it guys - today was as close to a Presidential election as you are going to get this year and now there ain’t no doubt about it!
Hail to the new Commander-in-Chief - Barack Obama!!!!!!
Barack Obama will never be Commander-in-Chief. NEVER. All uneducated people should change to another channel. Anyone who does not know how to calculate electoral college votes should just go to bed. Anyone with an ounce of intelligence should stay tuned, stay awake, and look at the electoral college vote map. Game over Obama. If the Dems expect to so much as challenge the Republicans this November, they will nominate Hillary. If the Dem nomination process took the shape of the electoral college map, Obama would be SO far behind that Michelle would once again NOT be proud to be an American. Look at the map…Obama gets trounced. What then???? Rev. Wright saying “I told you so”. Al Sharpton eating up the airwaves blasting white America? Jesse Jackson on CNN saying that America just stepped 200 years? Even in defeat, an Obama presidential bid would be horrible for America.
MARK MY WORDS I WILL NEVER VOTE FOR HIM!!! McCain here i come if Obama is the nominee!! I will campaign for McCain as a Hillary supporter!!!!!
Tammy is smart. Smart enough to know what it would be like if Rev. Wright ran the White house. If Michelle Obama ran the White House. Obama has hid behind his miracle cure of uniting America, without a single hint of substance, without a single plan, without a single detail. Agree with them or not, both Clinton and McCain have plans and ideas. As all leaders should. And what is this B.S. of voting “present” and not taking a stand on issues? Come on Obama, is that what a leader really does? I don’t think so.
B arack
A nti American
R adical
A nti Semitic
C ult
K ool Aid
I can’t tell you how much I am enjoying tonight - watching the sad racist inbreds slide around in their own hateful vomit and bile as it slowly sinks in that an uppity ni*ger is going to be the boss. The rest of the civilised world is so far past the race-and-religion backwardness of redneck America, Fox is actually a comedy programme for us.
Unfair. Unbalanced. Not even news.
Judges are supposed to interpet the law…not write it. It is as simple as that. An elected legislature is supposed to pass laws….judges interpret accorning to law. For a jusdge to rewrite law or issue decisions on the basis of personal belief or political whim is hypocrisy at its finest….whether Republican or Democrat. At 60 years old, more than 30 years in the military, owner of a SMALL business, and a believer that only American citizens should be allowed to work here….I believe that our founders were right on target. It does not change because of color, religion, or political beliefs. It does not change because of gender. I have read the Constitution and the Bill of Rights in its entirety…..something that I bet 90% of you have never done….including the candidates….try reading it and then make your comments.
HOW MUCH INTEREST DOES HILLARY CLINTON MAKE ON THE HER MONEY, MONEY LOANED TO CAMPAIGN? DICK MORRIS
WILL KNOW–TELL HOW MUCH SHE IS MAKING ON THE MONEY. MORE THAN A MONEY MARKET ACCOUNT I DARE SAY.
Oh my god? Is McCain serious?
@American Woman
“Thank you John McCain…for speaking the truth. By the looks of the democratic leadership they are going to SELECT Obama as your running mate..you will have my full support..and vote..Great Speach…I only heard part of it but the part I heard was very Inspirational…”
Did you listen to Obama’s speech? Watch that on youtube, then come back here and listen to McCain. That’s all you really need to know who to vote for.
What planet is mike from? Activist conservative judges is an oxymoron. Obviously, we have a Kool-Aid drinker in our midst that is either intellectually dishonest or lacks intellect!!!