McCain to Vote NO on Sotomayor

I admit that I am pretty shocked. A Yes vote strikes me as just the sort of mavericky thing that McCain would do, a la Graham. But credit where credit is due. McCain has a solid record with Hispanics and one of the most bipartisan resumes on either side of the aisle.  It will be interesting to see the media spin this one.

Sen. John McCain (R-AZ) announced today that he will vote against Sonia Sotomayor, Pres.Obama's nominee to become the first Hispanic SCOTUS justice.

McCain, in a Senate floor speech:

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. Our Constitution is very clear in its delineation and disbursement of power. It solely tasks the Congress with creating law. It also clearly defines the appropriate role of the courts to "extend to all Cases in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties." 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.

McCain voted against Sotomayor's nomination to the 2nd Circuit Court of Appeals in '98, so his decision is not entirely surprising. But like his friend and GOP colleague, Sen. Lindsey Graham (SC), McCain has decried the politicization of judicial nominations that led to a failed Dem filibuster of Justice Samuel Alito.