Thoughts On McCain And Judges

COORDINATION -- In the first bit of coordination between the McCain campaign and Congress, Congressional Republicans are using the speech today to flog Republicans for their refusal to speed up the confirmation process.

BORK AND SOUTER -- McCain has these two feathers and did not put him in his cap. He's on the record as having defended Bork's jurisprudence and as having criticized Souter's lack of a paper trail. Two names not mentioned in the speech.

IS THERE any hard evidence that voters respect the judiciary less because they perceive it as "too activist?"

McCAIN's speeches usually include at least one attempt to stuff the genie back in the bottle. Today's speech contained an apologia (as distinct from an apology) for voting in favor of justices Breyer and Ginsberg. At the time, McCain did not believe that the "consent" provision of the constitution gave the Senate the power to impose ideological litmus tests on nominees. His speech today suggests that he has now embraced the standard conservative litmus test, which is a record of "restraint" -- i.e, outcomes favorable to conservatives, as well as a standard of quality.