I'll be on the Fox News Channel today at 1:20pmEST discussing John McCain and the judiciary. Are conservative judicial activists warming up to McCain after his opposition to recent Supreme Court rulings on prisoner rights at Guantanamo Bay and new restrictions on the death penalty?
Those two SCOTUS decisions, along with the recent second amendment
ruling, allowed McCain an opportunity to reassure conservative judicial
activists and he largely succeeded. The "Gang of 14" is still unpopular with conservatives who focus on judicial matters, but his role in supporting the group actually enhances
McCain's crossover appeal with moderate and independent voters. In reality, it's also now good for Republicans in
general, because of Democratic congressional majorities.
Unfortunately for McCain, he has
the same problem on the bench as he does with the gun rights question; both
issues are and have been ascendant for conservatives the past several
years, diluting their potency as wedge issues. His challenge here is simply to hold voters who are motivated
by judicial issues, rather than having them sit this election out.
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