Electing the Judiciary: McCain on Reproductive and Gay Rights

With all the talk about Obama’s position on reproductive rights, its easy to look past McCain’s.  That would be a lasting mistake.  Straight from his campaign website under the heading “Overturning Roe v. Wade:

John McCain believes Roe v. Wade is a flawed decision that must be overturned, and as president he will nominate judges who understand that courts should not be in the business of legislating from the bench.

We aren’t just electing our next President, we are electing our entire court system.  This is a man who considers base discrimination a value:

As president, John McCain would nominate judges who understand that the role of the Court is not to subvert the rights of the people by legislating from the bench. Critical to Constitutional balance is ensuring that, where state and local governments do act to preserve the traditional family, the Courts must not overstep their authority and thwart the Constitutional right of the people to decide this question.

John McCain is essentially saying the courts must abdicate their responsibility to protect the rights of the people in the face of popular opposition!  Such a position would have decimated the civil rights movement.  As an experiment, let’s reword McCain’s position to just that effect:

As president, John McCain would nominate judges who understand that the role of the Court is not to subvert the rights of the people by legislating from the bench. Critical to Constitutional balance is ensuring that, where state and local governments do act to preserve the traditional southern lifestyle, the Courts must not overstep their authority and thwart the Constitutional right of the people to decide this question.

Did you catch the change?  One word became two.  Its a carbon copy of the argument used to protect the so called “southern way of life” by such famed racists as Jesse Helms.  (For a bit of fascinating reading, check out this dissertation on the strategy employed by racists in delaying civil rights legislation).

This is the man who wants to build our judicial system for years to come.  He’ll do more than complete Bush’s efforts, he’ll take them even further right of radical.