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McCain Opposes Sotomayor, Attacks Her As Activist Judge

Sen. John McCain (R-AZ), who was of course President Obama's Republican rival in the 2008 general election, has announced that he will vote against Sonia Sotomayor, Obama's first nominee to the Supreme Court.

In his floor statement, McCain harshly criticized Sotomayor as an activist judge who does not respect the legislative branch, the written law, or the will of the people -- and who is now trying to hide from that record:

I know of no more profoundly anti-democratic attitude than that expressed by those who want judges to discover and enforce the ever-changing boundaries of a so-called 'living Constitution.' It demonstrates a lack of respect for the popular will that is at fundamental odds with our republican system of government. And regardless of one's success in academics and government service, an individual who does not appreciate the common sense limitations on judicial power in our democratic system of government ultimately lacks a key qualification for a lifetime appointment to the bench.

Though she attempted to walk back from her long public record of judicial activism during her confirmation hearings, Judge Sotomayor cannot change her record.

44 Comments

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Yawn.

Mr. Mavericky and his mavericky party continue their slip into irrelevancy.

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Scoreboard.

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There's that undiagnosed, untreated PTSD rearing its ugly head again.

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What the hell is he talking about? "long public record of judicial activism"? Didn't he get the memo that her judicial record is stellar so you have to attack her speeches?

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The republicans actually don't mind activist judges....as long as they're activists for their party's causes.

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The only way a judge can avoid being labeled a so-called “activist judge," would be to carefully hand down rulings, decisions and legal opinions that almost always satisfy social conservative PACs.

Conservative judges can’t be activists, because they’re conservative.

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Interesting. In recent interviews, McCain has chastised Obama as he asserted Obama's lack of real bipartisan actions. At the same time he stated the Repubs need to expand base and act to embrace minorities.

Hmmmm.

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"At the same time he stated the Repubs need to expand base and act to embrace minorities."

He said "embrace" kind of like Thomas Jefferson use to embrace some of his slaves. Giving a minority any real power or say in things is just old fashioned crazy talk.

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As I said on my Twitter page

McCain would rather chose the unqualified and crazy instead of the qualified and sane. At least it's mavericky!
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Given his recent record on choosing people he believes are 'qualified', why would any rational adult with an IQ in 3 figures pay any attention to this fossil?

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Excellent point! If McCain thought for a moment that Sarah Palin was qualified to become President if he were to die in office, then his judgment was and is abysmal. Who cares what he thinks because all he is doing is caving in to the lunatic-birther-racist wing of his demented party.

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What a nutcase!

John McCain continues to demonstrate his lack of good judgment and to validate the good judgment of the American people in not electing him as president.

Fie

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"It demonstrates a lack of respect for the popular will that is at fundamental odds with our republican system of government."

A sentence from a 3rd grader's notebook...but I digress. It is true that the popular will can be at fundamental odds with a republican form of government. McCain is taking a jab at the popular, or majority, will in this country--as expressed in the last presidential election.

A republican form of government is best expressed in the drag that the House of Lords...er, Senate... has on our society and on our culture. And McCain is certainly expressing exactly how our lords...er, Senators...will continue to be a drag.

I will work against this in the midterms for any viable Democratic candidate for the US Senate. Can we get rid of these dinosaurs?

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McCain, after choosing Sarah Palin, no one should ever respect your judgment of character or of anything else for that matter.

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"Gawddammit, I told you kids to GET OFF MY DAMN LAWN! If ya don't get offit right damn now, I can shootcha! That's the law, ya know! I can shootcha and shootcha dead!"

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Considering Clint Eastwood supported McCain, your comment is doubly funny!

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"Though she attempted to walk back from her long public record of judicial activism during her confirmation hearings, Judge Sotomayor cannot change her record."

Though he attempted to walk back from her long public record of supporting George Bush during his presidential campaign, Sen. John McCain could not change his record of voting with Bush 90 percent of the time.

(I will add, however, that McCain did in fact reverse his own record on a number of issues to satisfy the nutcase fringe: off-shore drilling, cap-and-trade, immigration reform. And let's not forget the most famous abrogation of a campaign pledge, when McCain put Country Last by picking Sarah Palin.)

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I'm no fan of John McCain but this is bizarre.

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He's Nuts!

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What did the health records of Senator Mc show again? anyone?

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Don't they at some point have to worry about starting to dilute their "judicial activism" buzzword?

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Great News! This will certainly boost Mclame for his re-election campaign efforts. Wouldn't it just be so fine if McDork gets retired by the hispanic vote from AZ.

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I guess he isn't running for Senator again eh?

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What dim-bulb, air-head, lightweight this guy is. When was the last time McCain said something that was actually true? What an idiot he is.

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Can we say bye bye Hispanic vote?

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Time to pick a home for hanging his hat in! Hispanics are going to kick his ass!

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Say what you want, it's kind of hard to hate Grandpa Simpson.

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From his "Statement":

Though she attempted to walk back from her long public record of judicial activism during her confirmation hearings, Judge Sotomayor cannot change her record. In a 1996 article in the Suffolk University Law Review, she stated that ‘a given judge (or judges) may develop a novel approach to a specific set of facts or legal framework that pushes the law in a new direction.’ Mr. President, it is exactly this view that I disagree with.

Sen. McCain (as is usual of Sotomayor’s detractors) cites her out of context and with a twist. The entire article can be found here:
http://www.boston.com/news/politics/politicalintelligence/Sotomayor%20Returning%20Majesty%20to%20the%20Law%20article.pdf

In the first full paragraph atop the page numbered 38, the judge and her coauthor listed 4 FACTUAL reasons that help explain the law’s “unpredictability” (i.e., why a lawyer cannot reliably predict the outcome of a case). McCain cites with the third reason as though it is some kind of advocacy on Judge Sotomayor’s part rather than an element of explaining THE SITUATION THAT ACTUALLY EXISTS TODAY.

Once again, McCain shows his craven side. He is an unmitigated hypocrite.

And chaunceybaker, I find it easier to loathe McCain every day. He gives me plenty of reasons to do so.

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First McCain tells CNN how important it is for Republicans to reach out to Hispanics, and then - using the remarkably weak argument that Sotomeyer is an activist judge - he says he will not vote for her. I'm surprised. McCain seems to have forgotten that the election is over, and he no longer needs to suck up to the crazy right-wingers. I suspect his hero-worshiping lapdog, Lindsay Graham is surprised, too. Graham did exactly what the old McCain would have done and said he would vote for Sotomayer.

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It pisses me off that Obama & Rahm took Napolitano out of a potential race against McCain and are wasting her in DHS.

John

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I hear you and said the same thing, but I wouldn't count Janet completely out - I could certainly see her resigning to run if it looked like her best move. She wants to be a Senator.

('Course, I also felt better when I read that Obama was going to resign to run against McCain here in AZ. 'Til I realized that I saw that in The Onion!)

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I seriously doubt that McCain has even engaged in seriously thinking about the judicial process. He merely parrots the standard talking points developed by others that seem right to him. But I have seen no indication he has thought seriously, or is capable of thinking seriously, about the dilemmas of judicial philosophy, or the practical application of such a philosophy on actually deciding cases.

The only reason he matters at all is because he has a vote. And he constantly proves that it is unfortunate he does. He is not a thinker.

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Afterall he did finish fourth from bottom in his graduating class at the Naval Academy.

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Fourth from the bottom of Naval? Two legs, two testies, ...Oh, that explains it!

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This from the man who chose Sarah Palin as his running mate. It's sad that he seems to have no idea how misguided he has become. I'd say his opinion on Sotomayor (and pretty much any other subject) is irrelevant, except that he gets to vote on whether she'll be confirmed.

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Of course the MSM will run with McCain's comments since they love him. Bet anything NBC's David Gregory (McCain's favorite fan) has him on MTP in a week or two. And give McCain all the fawning he can.

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Because who understands racism better than racist old white guys?

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Meghan to John: "Dad, STFU! And, quit calling me fat."

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Who cares what mccain thinks or does.

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Take a nap, grampy.

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McCain voted against Sotomayor in 1998 when she was nominated for an Appeals position by then President Clinton, and she got her first judgeship by a unanimous consent vote in the Senate. but then a Republican nominated her the first time so it might've been easier to vote for her then. this is strictly political for McCain as he's pretty much reading verbatim the GOP talking points.

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A teabagger commented on Politico that they are planning to show up at McCain's townhall meeting too. That should be interesting.
The Republicans are going to relearn the lesson of Frankenstein = the monster gets out of the creator's control.

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Poor John. After a lifetime of failures and living off others' largess, accomplishing nothing but being feisty enough to endure confinement and playing that to the hilt, he's worn down. He has no long standing principles, friends or accomplishments. Now he's old. All those drinks at Cubi Point, North Island and Pensacola have worn him brain thin. He and I are the same age. I had the sense to retire a few years ago.

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Bet he wears an onion in his belt!

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