Constitutional Law

McCain Admires Roberts, Alito, Despite their Vote on his Campaign Law

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John McCain outlined his judicial philosophy in a May speech in which he held up two Supreme Court justices as models: Chief Justice John G. Roberts Jr. and Samuel A. Alito Jr.

Both justices voted to strike down portions of McCain’s 2002 law restricting political campaign contributions, but that apparently did little to change McCain’s opinion of their judicial philosophies, the Wall Street Journal reports. McCain said in his May speech that he would “restore humility” to the judiciary with judges like Roberts and Alito, while slamming judges who “usurp power.”

McCain criticized Justice Anthony M. Kennedy’s 2005 opinion prohibiting the execution of juvenile offenders, which had relied on “evolving standards of decency” in interpreting the Eighth Amendment’s ban on cruel and unusual punishment, the story says. McCain said Kennedy’s opinion was reminiscent of past decisions that relied on “airy constructs” to find a constitutional right to privacy. The court’s abortion decision in Roe v. Wade cited a right to privacy.

The story notes that McCain has deferred to Arizona Sen. Jon Kyl to recommend federal judicial candidates in the state. Kyl told the newspaper that McCain will likely rely on advisers such as former solicitor general Ted Olson when choosing judicial nominees.

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