Judge Not

  • Rick Scarborough
  • Feb 12, 2008

Vision America sees the limited role of judges as a key issue to ensure our future religious freedoms in the U.S., as did our founding fathers. Recently, the Wall Street Journal published an edition of their e-mail based Political Diary on the subject of McCain and judges that gave us continued insight into his position on this important issue.

Senator John McCain's biggest challenge remains proving himself to conservatives on core issues like judges. That's why at last week's CPAC speech, he was at pains to differentiate himself from Hillary Clinton and Barack Obama, whom he said would appoint federal judges ‘intent on achieving political changes that the American people cannot be convinced to accept through the election of their representatives.’

He echoed those sentiments in a recent manifesto for a Federalist Society symposium -- and none too soon. Conservative critics, led by Rush Limbaugh, have turned their attention on former New Hampshire Senator Warren Rudman, who endorsed Mr. McCain and served as co-chair of his 2000 campaign. Senator Rudman was a chief sponsor in 1990 of David Souter, now part of the Supreme Court's reliable left flank and a "disaster" for conservatives, according to Mr. Limbaugh. "Rudman... the guy who misled us all on David Souter happens to be a top honcho on McCain's campaign," the radio host told listeners last Tuesday.

As it happens, Mr. Rudman is not a "top honcho" in the campaign this year, but as recently as the Florida debate, Mr. McCain did name him as an important adviser in the "the circle that I have developed over many years." Not helping matters is a remark Mr. McCain reportedly made questioning Bush Justice Sam Alito because he "wore his conservatism on his sleeve." Mr. McCain now says he doesn't recall making the statement.

Voters like to know what they are voting for, and Mr. McCain has gradually come around to making clear, specific promises to appoint "proven" conservative judges. His biggest credibility challenge, however, may be his authorship of the McCain-Feingold campaign finance law. Whatever Candidate McCain says now, the only way a President McCain would likely be able to preserve his handwork is by appointing more liberal Justices to the Supreme Court. 

An interesting perspective--and one worth dwelling on. Senator Rudman, along with Senator Sununu, convinced President George H. W. Bush to nominate Souter to the bench--who consistently votes antithetical to our conservative values.

As for us, we will continue to fight for judges who interpret the Constitution based upon its original meaning, and who recognize that there are distinct limits on their powers and responsibilities. As our founding fathers knew, a restrained and limited judiciary is essential to the continued freedoms of a nation. They knew from personal experience the despotism that occurs under all-powerful judges, and they put in place protections to ensure this would never happen again. Unfortunately, not many of our elected officials have read the Constitution and too many judges are on record as saying the Constitution is outdated and irrelevant.

Judges—a key issue, especially when you remember that limited, constitutional judges would not have “found” a right to privacy in the Constitution that gave us Roe v. Wade, or the separation of church and state that ripped Ten Commandment’s out of schools and court houses.

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