The recent Heller decision has reignited the debate on the up-coming Presidential election, with folks citing the 5-4 split in the Court as a compelling reason to vote for McCain.
The reasoning being that the next President will be in a position to appoint one or more Justices to the Supreme Court, and a Republican candidate won’t screw us over.
With that in mind, let us ponder the Supreme Court of the United States.
The current Chief Justice is John Roberts, appointed to that position by Republican George W. Bush.
Next in seniority is John Paul Stevens, appointed by Gerald Ford — a Republican.
Antonin Scalia was appointed by Ronald Reagan, Republican.
Anthony Kennedy — again Ronald Reagan, Republican.
David Souter, George Herbert Walker Bush, Republican.
Clarence Thomas, George Herbert Walker Bush, Republican.
Ruth Bader Ginsburg, appointed by William Jefferson Clinton, Democrat.
Stephen Breyer, appointed by William Jefferson Clinton, Democrat.
And last, but not least, Samuel Alito, appointed to that position by George W. Bush, Republican.
In addition, we have one current retired Supreme Court Justice — Sandra Day O’Connor, a Reagan appointee.
Of the current sitting Justices of the Supreme Court, only two have been appointed by Democrats. The other seven were appointed by Republicans.
In simpler English, in the Heller decision being cited as a vital reason to elect (Republican) McCain, well, two of the Justices who decided against freedom were Republican appointees.
Now, I realize that Obama would most probably nominate hard Left judges to fill any vacancies on the Supreme Court — but will McCain do any better?
Will the man most often referred to as the “Maverick Senator from Arizona”, who is famous for “reaching across the aisle” — will he do any better?
Will the Senator who rammed the anti-Constitutional McCain-Feingold Act down our throats really do any better? This is the man who thought the Climate Stewardship Act was Constitutional enough to sponsor it not once, but three times; and let us not forget McCain’s leadership in the Comprehensive Immigration Reform Act of 2007 — which showed a fine disregard for our not only our own laws, but for those voting Americans he supposedly represents.
Yes, Supreme Court Justices appointed by Barack Obama would be a disaster for our personal freedoms … but no one has managed to show me that Supreme Court Justices appointed by John McCain — the man who was frequently mentioned as a possible VP candidate under John Kerry in 2004 — will be any better.
In addition, I’d like to throw out two words: “Robert Bork“.
Lest we forget, those who control the Senate (“Advice and Consent of the Senate”, and all that) have a great deal of say upon who actually gets to be a Supreme Court Justice (see Harriet Miers, G. Harrold Carswell, Clement Haynsworth, John J. Parker, et al.)
Supposing John “Reach Across the Aisle In The Spirit of Bi-Partisanship” McCain does actually nominate Conservative jurists to fill any Supreme Court vacancies — if conservatives don’t control the Senate, the Senate can (and will) reject any nominees who don’t meet the Senate’s approval.