McCain Will Oppose Sotomayor

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Monday, August 03, 2009 at 3:40 pm

The senior senator from Arizona ends weeks of speculation about his Supreme Court vote with a lengthy floor statement explaining that he’ll vote “no.” Sniping about Miguel Estrada, check:

An excellent resume and an inspiring life story are not enough to qualify one for a lifetime of service on the Supreme Court.  Those who suggest otherwise need to be reminded of Miguel Estrada.  Mr. Estrada also was a supremely qualified candidate.  And he too has an incredible life story.

Spinning the Ricci decision into proof of Sotomayor’s activism, check:

Ricci v. DeStefano raised the bar considerably on overt discrimination against one racial group simply to undo the unintentionally racially skewed results of otherwise fair and objective employment procedures. Again, this case proves that Judge Sotomayor does not faithfully apply the law we legislators enact.

Deference to the NRA, check:

For millions of Americans, it is clear what the Constitution means. The Constitution protects an individual’s right to keep and bear arms to protect himself, his home, and his family.

Still, it’s a good get for Sotomayor opponents.

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Comments

4 Comments

Oh, The Irony: McCain Opposes Sotomayor « Sensico
Pingback posted August 3, 2009 @ 4:59 pm

[...] McCain will vote “no” on Sotomayor for Supreme Court Justice.  He said, An excellent resume and an inspiring life story are not enough to qualify one for a lifetime of [...]


JohnC
Comment posted August 3, 2009 @ 8:51 pm

For millions of Americans, it is clear what the Constitution means. The Constitution protects an individual’s right to keep and bear arms to protect himself, his home, and his family.

Definitely an uninformed sop to the NRA. What McCain doesn't understand is that when Sotomayor ruled that the Second Amendment doesn't apply to the states, she is applying the correct interpretation of the law as it currently stands.

Many non-attorneys, McCain obviously included, believe that the Bill of Rights inherently limits the actions of both states and the federal government. Although this view is widespread, it is wrong. Prior to the Civil War, the U.S. Supreme Court repeatedly held that the Bill of Rights limited the action of the federal government only. Only after the adoption of the Fourteenth Amendment in 1868, with its due process clause, did the Supreme Court begin the process of “incorporating” various provisions of the Bill of Rights, one aspect at a time, to the states.

The Supreme Court long ago held that the Second Amendment still did not apply to the states (see United States v. Cruikshank and Presser v. Illinois), and it has yet to overturn those rulings. Therefore Sotomayor was correct to rule that the Second Amendment does not apply to the states.

What we have here is a clear cut case where conservatives are demanding outright judicial activism. They don't like Supreme Court precedent on the Second Amendment, so they are releasing their anger on Sotomayor for not ruling according to their preferred political outcome.

Hypocrites.


Ryan C
Comment posted August 3, 2009 @ 8:55 pm

“Mr. Estrada also was a supremely qualified candidate”

How is someone with ZERO bench experience “supremely qualified” to sit on one of the most important appeals Courts in the federal system?


JohnC
Comment posted August 3, 2009 @ 9:01 pm

Don't let your logical tendencies trick you. Conservatives have pointed out that persons with zero bench experience are far more qualified to sit on the Supreme Court than federal appellate judges with nearly two decades of experience, so long as they have proper conservative bona fides. Remember: “qualifications” = “conservatively correct ideology,” and “inspiring life story” = “it's not affirmative action if a minority conservative is being appointed.”


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