The Volokh Conspiracy
[Eugene Volokh, January 31, 2008 at 6:11pm] Trackbacks
Ted Olson Endorses John McCain:

From Jennifer Rubin at Commentary: "Ted Olson, fomer U.S. Solicitor General and conservative legal icon, has just informed me that he is endorsing John McCain."

Related Posts (on one page):

  1. Miguel Estrada Supports John McCain, Too:
  2. Ted Olson Endorses John McCain:
ALB (mail):
Fantastic news!
1.31.2008 5:22pm
Chris 24601 (mail):
Is McCain endorsing Olson?
1.31.2008 5:38pm
The Cabbage (mail):
That seals it for me.

I was still toying with the idea of Romney because my fear is that McCain's feelings on campaign finance will unacceptably affect his judicial nominations. But this means a lot.
1.31.2008 5:58pm
The Cabbage (mail):
and then I scroll down and see the Alito/MccCain post.


crapo. I don't know
1.31.2008 6:00pm
sbron:
Again, makes no sense. Ted Olson is strongly against racial preferences. Bush forced him to tone down his case against the U. Mich. to get the split Gratz/Grutter decision. McCain is a strong supporter of racial preferences, and refused to back 1996 efforts in Arizona at the state level to ban them. He furthermore supports the racially divisive Native Hawaiian Govt. Reorganization Act.

Why do conservatives and libertarians who usually oppose racial preferences and balkanization support McCain?
1.31.2008 6:31pm
Cold Warrior:
OK, people from the other thread:

There you have it. Ted Olson, McCain's first Supreme Court nominee.

That should shut up John Fund if nothing else.
1.31.2008 6:40pm
Cold Warrior:
I just realized after I said "That should shut up John Fund" that the McCain campaign is really on top of things. It will shut up John Fund, and Novak, and a bunch of others ready to rip McCain over the Alito non-story. They accomplished the classic remedy of killing this story within one news cycle by getting Olson on board right away. I don't know who's running the show for him now, but whoever it is has their act together.
1.31.2008 7:20pm
Edward A. Hoffman (mail):
I'm pretty liberal, but I think Ted Olson would be a fine choice for the Supreme Court. He wouldn't be my choice but, among the Republicans' plausible nominees, Olson is one of the best.
1.31.2008 7:20pm
the Federal Farmer:
Are we serious that Ted Olson's or Miguel Estrada's endorsement of McCain "seals the deal"? Obama had a great line tonight re: McCain: "Somewhere, the 'straight talk express' lost its wheels." McCain is not strong economically, and he conceded that last night. His only, emphasis on only, claim to being a foreign policy expert is that he's a former Navy officer. Interesting claim. My father served in the Air Force in the 1960s, but that doesn't make my father a foreign policy expert. It pains me to see such blind support for McCain when he is weak economically, weak on federalism, and weak on straight talk.
1.31.2008 7:35pm
Stephen M (Ethesis) (mail) (www):
It is the weak on straight talk. Though he has gotten a lot of success out of lying about his opponent and then not backing down and repeating the big lie.
1.31.2008 7:43pm
Duffy Pratt (mail):
sbron:

Maybe the fact that his wife died in the 9/11 attacks has something to do with it?

As a S.Ct. nominee, I think the big stumbling block would be his representation of Bush in Bush v. Gore. That might be enough for the Dems to insist on blocking him. On the merits, I think he would be a fine justice.

Oh, and I think his endorsement might help in some fundraising circles, but has basically zero direct effect on voters.
1.31.2008 7:57pm
tvk:
Duffy, I agree with you that Olson probably faces long term Democrat hostility with the Bush v. Gore thing. But I think you are underestimating Olson's value here. Sure, few voters will even know to Ted Olson is. But the conservative legal establishment, the opinion-makers on the judges issue, do know Olson and respect him. Thus, Olson jumping on the McCain bandwagon might give some credibility on the judges issue after the Gang of 14 incident. This, in turn, produces votes (or prevents loss of votes) since some Republican voters care about the "judges" issue generally even if they cannot name a single particular judge.
1.31.2008 8:14pm
Kazinski:
Olsen is not going to be anybody's nominee for the Supreme Court. He is too old, I'd say 55 is going to be about the top of the scale for the foreseeable future. Its too hard to get justices confirmed and its too big of a risk not to have them serve at least 20 years and risk the other party getting a shot at the seat. AG is a possibility though. He is 67, coincidentally his birthday is 9/11, he didn't have a very happy 60th.

That's the only thing that gives me any comfort at all about McCain is the people who have endorsed him. If Phil Gramm is his Treasury secretary, and Lindsey Gramm is not his AG then I'll be satisfied.
1.31.2008 10:05pm
Duffy Pratt (mail):
tvk:

I might agree with you about "the conservative legal establishment," but at this point it seems like the conservative noisemakers (Rush, Hewitt,Levin, et. al.) are so invested in tanking McCain that they will just tune out the Olsen endorsement entirely. As partisan and unreasoning as the infighting among the conservative factions has become, I don't anticipate alot of sober evaluation of this endorsement. But I could be wrong.
1.31.2008 10:23pm
Dilan Esper (mail) (www):
You guys have all forgotten what esteemed advocate argued McConnell v. FEC on behalf of the government-- and very successfully too.

Dig up the oral argument on oyez and you might be less surprised that Ted Olson might support a campaign finance reformer.
1.31.2008 11:22pm
TRE:
He gave the graduation speech at my law school a few years back. It was incredibly bad, a self-mockery.
2.1.2008 12:39am

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