Redstate

Posted at 5:57am on Feb. 4, 2008 Calabresi & McGinnis on McCain and the Supreme Court

By Turin

Steven Calabresi (a co-founder of the Federalist Society) and John McGinnis have written an interesting article on McCain and the Supreme Court:

http://online.wsj.com/article/SB120209536777639949.html?mod=opinion_main...

One important point they make is this:

"For other kinds of issues, it may be argued that it is better to lose with the perfect candidate than to win with an imperfect one. The party lives to fight another day and can reverse the bad policies of an intervening presidency. The judiciary is different. On Jan. 20, 2009, six of the nine Supreme Court justices will be over 70. Most of them could be replaced by the next president, particularly if he or she is re-elected. Given the prospect of accelerating gains in modern medical technology, some of the new justices may serve for half a century. Even if a more perfect candidate were somehow elected in 2012, he would not be able to undo the damage, especially to the Supreme Court. Accordingly, for judicial conservatives electability must be a paramount consideration."

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