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The choice is too important for conservatives to sit this out.

By Erick Posted in 2008 — Comments (15) / Email this page » / Leave a comment »

This morning, Senator John McCain speaks at Wake Forest University. The speech begins at 10:00 a.m. Present with him will be Senator Fred Thompson. That's important.

We've seen already that Thompson has been more visible in recent weeks. Why? Well, he's decided to come out and support his friend. He is for conservatives what Joe Lieberman is for moderate squishes -- a reassurance that John McCain will hear us. And given Thompson's track record of getting McCain to listen to him, which is very good, we should take comfort in his presence by McCain today and on the campaign trail.

No, I don't think this signals "Thompson as Veep." In fact, I'm positive it does not. What I do think this signals is that Thompson is the guy McCain will listen to on conservative issues -- Thompson will be the judge sherpa, making sure there are no Harriet Miers moments and plenty of John Roberts moments.

I've said of Barack Obama that we should look to the people surrounding him who are advising him. Machiavelli suggests that is the best way to get to know a leader. On judicial matters, Barack Obama surrounds himself with people like Kamala Harris, the far left District Attorney of San Francisco -- a woman who would not even seek the death penalty for a cop killer and has sided with criminals against the San Francisco police.

John McCain, on the other hand, has Fred Thompson standing next to him. The contrast could not be greater and conservatives who have thought about sitting this one out better look at Kamala Harris v. Fred Thompson and think again.

Read on . . .

In McCain's speech, he will say

For decades now, some federal judges have taken it upon themselves to pronounce and rule on matters that were never intended to be heard in courts or decided by judges. With a presumption that would have amazed the framers of our Constitution, and legal reasoning that would have mystified them, federal judges today issue rulings and opinions on policy questions that should be decided democratically. Assured of lifetime tenures, these judges show little regard for the authority of the president, the Congress, and the states. They display even less interest in the will of the people. And the only remedy available to any of us is to find, nominate, and confirm better judges. . . .

The moral authority of our judiciary depends on judicial self-restraint, but this authority quickly vanishes when a court presumes to make law instead of apply it. A court is hardly competent to check the abuses of other branches of government when it cannot even control itself.

One Justice of the Court remarked in a recent opinion that he was basing a conclusion on "my own experience," even though that conclusion found no support in the Constitution, or in applicable statutes, or in the record of the case in front of him. Such candor from the bench is rare and even commendable. But it was not exactly news that the Court had taken to setting aside the facts and the Constitution in its review of cases, and especially in politically charged cases.

These words should give solid comfort to conservatives. To be sure, McCain has been with us on judges. Many of us disagreed with him on the Gang of 14 compromise, but given the appointments of Roberts and Alito to the bench after that came to a head . . . well . . . I think we should be willing to let him get by.
As if throwing a bone to Feddie, McCain is even going after penumbras, emanations, and the ninth circuit today. That's reassuring.