McCain and the Supreme Court

Steven Calabresi and John O. McGinnis, both professors at Northwestern law school, write:

The conservative movement has made enormous gains over the past three decades in restoring constitutional government. The Roberts Supreme Court shows every sign of building on these gains.

Yet the gulf between Democratic and Republican approaches to constitutional law and the role of the federal courts is greater than at any time since the New Deal. With a Democratic Senate, Democratic presidents would be able to confirm adherents of the theory of the "Living Constitution" — in essence empowering judges to update the Constitution to advance their own conception of a better world. This would threaten the jurisprudential gains of the past three decades, and provide new impetus to judicial activism of a kind not seen since the 1960s.

We believe that the nomination of John McCain is the best option to preserve the ongoing restoration of constitutional government . . .

Read more in the Wall Street Journal (2.4.2008) . . .


See also our earlier post linking to the Volokh Conspiracy which discusses the possible divided McCain loyalties in the nomation process as a result of McCain-Fiengold..