Wednesday, April 16, 2008

For the Nina Totenberg in you

There's a whole slew of code phrases put out by presidential candidates to hint at their potential impact on the long form institution of the Supreme Court: litmus tests, constructionist judges, legislating from the bench, etc. McCain, in his search for a base, however, doesn't mince words.

He's said he believes in "judges who enforce, and not make, our laws; the social values that are our true source of our strength; and, generally, the steadfast defense of our rights to life, liberty and the pursuit of happiness, which I have defended my entire career as God-given to the born and the unborn."


Also, the "Maverick" seems content to tow the party line when it comes to approving whomever Republican presidents nominate for the court. He even went so far as to vote in favor of the doomed nominee Robert Bork.


However, McCain made somewhat of a surprising announcement about his judicial views on Monday. Maybe it was just because he was addressing journalists at the annual Associated Press luncheon, but he offered tentative support for a federal shield law protecting journalists and the right to maintain confidential sources. He said that, though he's had a "hard time deciding," he "would vote yes" if the proposal reaches a vote in the Senate because it has a provision for national security.


"This is why judicial appointments are so important," McCain said.

Well, that's why journalists think judicial appointments are important. I'd bet Gloria Steinem and Pat Robertson would say there's a more important judicial issue...

Anyway, McCain didn't seem to feel like he was overstepping his bounds in legislating to judges, saying he thought the bill "gives them the guidance most judges would like to have."


His support puts him at odds with the President, who threatened to veto the bi-partisan legislation. I guess that's what distinguishes a senatorial candidate for president from a gubernatorial one. McCain seems happier to hand down legislation to "guide" judges that he is to pick out the actual judges himself.

Speaking of senatorial candidates for president, Obama and Clinton are already sponsoring the bill. So, no matter who makes it to the White House next January, us journalists at least have some lip service coming our way. I wonder if that's contingent on us behaving ourselves during the rest of the election cycle?

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