WINSTON-SALEM, N.C. — Republican John McCain criticized Democratic rival Barack Obama for voting against John Roberts as U.S. chief justice, reaching out to the Christian right on one of its chief concerns: the proper role of judges in government.
Conservatives contend that federal judges have upset the constitutional balance of power among the courts, the Congress and the presidency by making far-reaching decisions, such as one in 2005 that let cities seize people’s homes to make way for shopping malls.
“My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power,” McCain said Tuesday in a speech at Wake Forest University.
McCain, who has clinched the GOP nomination, promised to appoint judges in the mold of Roberts and Supreme Court Justice Samuel Alito, saying they would interpret the law strictly to curb the scope of their rulings. While McCain didn’t mention abortion, the Christian right understands that such nominees would be likely to limit or perhaps overturn the Roe vs. Wade decision, which legalized abortion.
Obama, on the other hand, voted against Roberts and Alito. So did Obama’s rival, Hillary Rodham Clinton, but McCain focused on Obama.
The Arizona senator said his role models interpret the law strictly, paying attention to what lawmakers intended, as opposed to “activist” judges who, by striking down statutes or court decisions, make laws rather than interpret them. “Activist” is a term conservatives use pejoratively to criticize liberal justices.
McCain did not spare his own party, pointedly criticizing opinions written by Republican appointees, Supreme Court Justices John Paul Stevens and Anthony Kennedy. He didn’t name the justices but used their writings to make his case against judicial activism.
By speaking about judges, McCain offered an olive branch to the Christian right, which has been deeply suspicious of McCain. He has clashed with its leaders and worked against them on such issues as campaign finance reform.
