Today's Robert Novak column supports John Fund's claim that Sen. McCain has made comments suggesting he would be unlikely to nominate someone like Samuel Alito to the Supreme Court. Specifically, Novak reports the following:
Fund wrote that McCain "has told conservatives he would be happy to appoint the likes of Chief Justice Roberts to the Supreme Court. But he indicated he might draw the line on a Samuel Alito because 'he wore his conservatism on his sleeve.' " In a conference call with bloggers that day, McCain said, "I don't recall a conversation where I would have said that." He was "astonished" by the Alito quote, he said, and he repeatedly says at town meetings, "We're going to have justices like Roberts and Alito."
I found what McCain could not remember: a private, informal chat with conservative Republican lawyers shortly after he announced his candidacy in April 2007. I talked to two lawyers who were present whom I have known for years and who have never misled me. One is neutral in the presidential race, and the other recently endorsed Mitt Romney. Both said they were not Fund's source, and neither knew I was talking to the other. They gave me nearly identical accounts, as follows:
"Wouldn't it be great if you get a chance to name somebody like Roberts and Alito?" one lawyer commented. McCain replied, "Well, certainly Roberts." Jaws were described as dropping. My sources cannot remember exactly what McCain said next, but their recollection is that he described Alito as too conservative.
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- An Overlooked Potential Benefit of Conservative Distrust for McCain:
- The Downside of Mavericks:
- Assessing McCain:
- McCain & Romney On Judges:
- Calabresi & McGinnis on McCain & Judges:
- John McCain and the Judiciary:
- Novak on McCain & Judicial Nominations:
- Levy on McCain and Judges:
- McCain & Judicial Nominations: