McCain: Judges Nominated Would Not Agree With Me on “Every Single Issue”
In a recent interview with Human Events, the Senator responded to reporter John Gizzi’s question concerning this issue:
“Q: Now the four justices you cite as models for nomination -- Roberts, Alito, Clarence Thomas, and Antonin Scalia -- have all at different times voted to overturn parts of the McCain-Feingold campaign legislation you co-authored. Would you appoint justices who would do that?
A: Well, obviously, I wouldn’t impose any litmus tests. No justice that I would nominate would I expect to agree with me on every single issue. The majority of justices just made a ruling on detainees I didn’t agree with. That was very disturbing to me. And so, I can’t say I would agree with every decision. But if I can count on every justice that I name to share my view of the judiciary, then in the long run, things should come out OK.”
McCain gets it exactly right. In contrast to the outcome-oriented judicial philosophy of Barack Obama, McCain believes that the measure of a judge is not reaching the outcomes McCain desires but instead, using a constitutionalist approach to reach whatever outcome is dictated by the law.