Bench Memos

Details, Please?

In his ongoing interview with Sean Hannity on Fox News, John McCain just declared his great fondness for Chief Justice Roberts as his beau ideal of a Supreme Court justice, then mentioned Justice Alito very favorably as well.  I didn’t hear him mention Justice Thomas at all, but Senator McCain volunteered that he has disagreed with Justice Scalia in a few instances but likes him okay (I translate freely).

Well, no one agrees with any Supreme Court justice on every case.  I have disagreed with Justice Scalia’s votes and opinions a number of times myself.  But no one is interested in which cases those were, since I am not running for president.  On the other hand, it would shed some light on Senator McCain’s constitutional thinking if he were to tell us in which cases he disagreed with Justice Scalia, and why.  Will someone ask him?  He brought it up himself, after all . . .

Matthew J. Franck — Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

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