Mobile Press Register (Alabama)

Battling over justices

Thursday, May 08, 2008

BACK IN January, U.S. Sen. John McCain of Arizona was asked about the type of judges he would appoint to the U.S. Supreme Court.

“It’s not social issues I care about,” Sen. McCain said. “It’s the Constitution of the United States I care about.”

Sen. McCain’s answer turned out to be a good preview of the speech he gave Tuesday at Wake Forest University in which he explained his judicial philosophy.

The news media characterized the Wake Forest speech as a calculated move to appeal to social conservatives. But the presumptive GOP presidential nominee did not promise that he would appoint judges who would deliver the political results desired by the religious right, the secular left or any other interest group. Quite the opposite: He wants to put judges on the federal bench who will interpret the Constitution and refrain from political activism.

In describing his ideal judge, Sen. McCain pointed to two current members of the Supreme Court: Chief Justice John Roberts and Justice Samuel Alito.

President Bush picked Chief Justice Roberts and Justice Alito based on their knowledge of constitutional law and their respect for the separation of powers. Both have demonstrated commendable intellectual modesty and restraint in deciding cases, becoming role models for jurists who reject the notion that the Supreme Court should instigate social change.

As Sen. McCain observed, the two Democratic presidential contenders definitely would not appoint Supreme Court justices in the mold of John Roberts and Samuel Alito.

Sen. Hillary Clinton and Sen. Barack Obama voted against both justices. Their votes reflected the views of social liberals in the Democratic Party who believe the federal courts should push well beyond the boundaries of the Constitution in deciding cases.

The left doesn’t want judges to serve as referees a term used frequently by Chief Justice Roberts. Democratic Party activists believe judges should play a key role in shaping policy.

Sen. McCain was right when he said the debate over the proper role of judges will be “one of the defining issues of this presidential election.”

Lee ADDS: Obama would appoint people that IMAGINE what the U.S. Constitution means! That is WRONG!