by James OIiphant
In today's Wall Street Journal, two law professors at Northwestern University argue conservatives can trust John McCain to pursue their agenda in judicial nominations.
The op-ed written by Stephen Calabresi, a founder of the Federalist Society, and John McGinnis is particuarly relevant because a week ago, another WSJ columnist, John Fund, reported that McCain had "told conservatives" he wouldn't support a justice on the Supreme Court as conservative as Samuel Alito.
Calabresi was a prominent supporter of Rudy Giuliani's presidential bid, switching to McCain just last week after Giuliani dropped out.
Their argument for supporting the Arizona senator is simple: McCain is more electable than Mitt Romney. And they believe he can be trusted to support conservative nominees because he voted for such Supreme Court picks as Robert Bork, John Roberts and Alito.
"We make no apology for suggesting that electability must be a prime consideration," they write. "The expected value of any presidential candidate for the future of the American judiciary must be discounted by the probability that the candidate will not prevail in the election."
The pair note that next January, when the new president is inaugurated, six of the nine justices on the Supreme Court will be over 70. Most of them could be replaced by the next president, they write, telling conservatives not to wait for a "more perfect candidate" than McCain to elect in 2012.
They warn not to make "the perfect the enemy of the very good."







Comments
Maybe they can tell us a little more about McCains speech in Florida where he said Iraq will be a long war and there will be more wars. ???????????????
Posted by: bill r. | February 4, 2008 11:48 AM
Two words in response: McCain-Feingold.
And isn't it revealing that Profs. Calabresi and McGinnis didn't submit this op ed to the Trib? They know that the only law professor op eds the Trib publishes are those by Leftists Geoff Stone and Steve Lubet.
Posted by: Owen Roberts | February 4, 2008 1:26 PM
I am not voting "establishment" McCain because he goes against my conservative principles. There is a whole lot more at stake than Supreme Court Justices and the life of a political party.
We are talking about the very conservative principles of the NATION. If we lay those aside, then I lay my party membership aside. I am a conservative first, then a republican.
Posted by: sshmg | February 4, 2008 1:51 PM
Yeah, McCain doesn't live in the fantasy land that Bill r. does where we can just go back to pre-9/11 and not actively interdict terrorism anymore. I guess for him, it's like John Kerry said when asked "how did 9/11 change you?" The Kerry/Bill r. answer: "Not much."
If Calabresi is for him, all republicans should be. You won't find a more intelligent conservative thinker.
Posted by: Jeff | February 4, 2008 2:28 PM
I will never vote for McCain and I am urging all I know not to.
He is a liberal.
We don't need a liberal in the White House.
The last 8 years of a liberal in the White House should be an example of what to expect if another one is elected to it.
Posted by: John Steinbeck | February 4, 2008 2:29 PM
Jeff, does Senator McCain support all the lies you tell on his behalf? Is that what he stands for?
-- Senator John McCain (Republican, Arizona), August 20, 1998:
"Today's military action against Usama bin Ladin's terrorist infrastructure in Afghanistan and Sudan is a welcome response to the August 7 terrorist attacks against the American Embassies in Kenya and Tanzania. I know I speak for all Americans in supporting the U.S. service members who took part in this operation, and in hoping that the strikes clearly signal our will to retaliate against terrorists who target American citizens abroad.
"Foreign terrorists must not doubt that political differences at home do not weaken our resolve to use all means at our disposal to defend our national security interests. We must attack terrorism at its source in order to deter it from our own shores...."
Posted by: JT | February 4, 2008 3:16 PM
JT, I'm looking for the "lie" you speak of. Where is it? Seems like McCain and I are in complete agreement. We should hunt down and kill terrorists before they have a chance to strike again. Not much to disagree with there.
If McCain had been president during the embassy bombings and the USS Cole bombing, I have no doubt that he would have advocated that policy back then. But we both know McCain wasn't president back then.
Anyway, I agree 100% that we must attack terrorism at its source in order to deter it from our own shores. Good for Senator McCain speaking truth to power way before it was fashionable. He has a knack for doing that.
Posted by: Jeff | February 4, 2008 4:15 PM
McCain has a long history of flip flopping, just like his close pal John Kerry. He also thumbed his nose at his constituents, the citizens of Arizona, by refusing to consider employer enforcement and border enforcement before discussing amnesty for the 12M plus illegal immigrants already let in my his and other Senators' inaction.
And finally, I have seen McCain's abuse of citizens up front and close. There is no precedent in American politics for a leader to flagrantly place themselves above the people. I am an Arizona Republican and I have abandoned the party because of their support for this surly, power hungry, Fat Cat Pol!
Barack Obama over John McCain!
Posted by: Kevin | February 4, 2008 4:56 PM
McCain is a fine american. and a hero. However I do take umbrage with his immigration policy. He seems to be very close to the same ideas that Obama and Hillary have And that scares me. Having the illegals pay a fine is not the answer, this is not like a traffce ticket. And what if they can not pay the $3000.00 are they going to waive it then.?tyt swosasdta
Posted by: Paul Jaeger | February 4, 2008 5:05 PM
You can tell which way the wind is blowing by the increasingly hostile, "my candidate or no candidate" angry-child threats being made by the increasingly desperate backers of Governor Romney. Sad. Kids, grow up. The clock is ticking and we in the GOP have an election to win. You can be part of the victory, or you can choose to be locked out in the cold.
Posted by: Tim1979 | February 4, 2008 5:06 PM
I vote Republican, but if McCain is nominated, I'll do what I did election day 2000: Cast my votes for local referendums and exit the booth. I refused to vote for Bush because I knew even then that he was a softie on illegal immigration. Deja vu with McCain. The GOP should not assume it's a forced choice. The Democratics will win.
Posted by: Rick | February 4, 2008 5:11 PM
I will never vote for McCain and I am urging all I know not to.
He is a liberal.
We don't need a liberal in the White House.
The last 8 years of a liberal in the White House should be an example of what to expect if another one is elected to it.
Posted by: John Steinbeck | February 4, 2008 2:29 PM
I'm no shrink but I think Lennie here's got some issues. Just because GWB has been a disaster since the second he took office does not make him a "liberal." You can call that buffoon many things, but "liberal" is not among them.
Tell us about your mother, Lennie...
Posted by: a blinkin | February 4, 2008 5:33 PM
Gee! Two lawyers tell us to vote for McCain. I just can't wait. NOT!
Posted by: BlueMax372 | February 4, 2008 5:33 PM
I don't know why Rush and Hannity are so anti-macain. Sure he is no Reagan, but who is. He can get elected and someone with a conservative voting record in the 80% range can't be be compared with Obama who is in the single digit range.
Let us not forget that Reagans 11th commandment was to not speak ill of other Republicans. Reagan allowed ammnesty, Bush signed Macain-Feingold (he could of vetoed it). Macain has finally learned that tax cuts do spur growth. He has been one of Bush's greatest IraQ war supporters. He can't stand Rumsfield, but Rumsfield was wrong about the surge. He didn't think it was needed. I think Macain is wrong on global warming, but if I want to vote for someone who agrees with all of my ideas I would have to nominate myself and I change my minds on some things occassionaly also.
If Rush and Hannity think that Hillary or Obama will be better than Macain. They better say it know because either of these two could institute the fairness doctrine and cut their airtime in half by the time the next election rolls around.
As far a illegals goes it is a fairy tale that we are going to get rid of 10 million people. The judges and the democrats won't allow it. What we have to do is to allow those who are here illegally to be brought into the system and all aid for those not here illegally needs to be cut off. So does the work. This can only be accomplished as part of a comprehensive immigration policy. If you believe this can be done by itself you are dreaming. Obama wants to give illegals drivers license. Do you think that he will stop any benifits for illegals?
If any Republicans stay home and don't vote well they are immature and throwing a tantrum. Reagan said that if he could get 70-80% of his agenda through it was a victory.
Well that is how I look at it. To believe that you can get everything is a fairy tale not something that grown mature adults should know better.
It is like the left wing nuts who believe that Obama or Hillary are to conservative so they want Nader in the race. Well these people are also living in lala land. Let's (republicans)not become like those crazy lefties.
Posted by: Steve | February 4, 2008 7:06 PM