Perhaps in an effort to show conservatives that he is indeed the GOP candidate of choice, not that other guy, Sen. John McCain is stressing that his idea of a good Supreme Court nominee is modeled after President Bush’s picks: Chief Justice John G. Roberts, Jr., and Justice Samuel Alito, Jr.
Preparing to address attendees at a conservative gathering later this week, McCain recently told reporters how much he likes Roberts and Alito, and said he did not recall making a comment that Alito “wore his conservatism on his sleeve.”
“I may have said something that I don’t recall, but the fact is that I have a clear record, both publicly and privately, of saying Alito and Roberts are what we want on the Supreme Court,” McCain said to reporters over the weekend.
When the next president is sworn in, more than half of the justices of the Supreme Court will be 70 or older. At the end of the first term of the next president, Justice John Paul Stevens will be nearly 93, so there is more than a decent chance that the next president will name someone to the bench (Lawyers USA subscribers can read more on this issue here).
Meanwhile Northwestern University Law professors Steven G. Calabresi and John O. McGinnis say in an WSJ op-ed piece today that no matter what some conservatives think of McCain, he is the best man for the job of selecting judges who will not subscribe to the “living constitution” school of thought.