Bob Novak did some digging on reports last week that John McCain had privately expressed reservations about nominating a conservative like Samuel Alito to the Supreme Court. I wrote on the subject here, and said, in relevant part:
John McCain came out early in support of Samuel Alito’s nomination to the Supreme Court. He worked behind the scenes to generate more support from his colleagues. He pointed to his 2000 campaign promise to appoint conservative judges as one reason he was pleased with the Alito nomination. He spoke on the Senate floor in favor of Alito’s confirmation. He even spent several months campaigning for president telling people Samuel Alito was one of the ‘finest justices ever appointed to the Supreme Court.’ The inescapable conclusion? A President McCain would not appoint Supreme Court Justices like Samuel Alito. We know this because in the days before the potentially decisive Florida primary, someone (we don’t know who) claimed to have heard McCain (we don’t know where) say that he was concerned about Alito’s conservatism (we don’t know when)…
I called the subsequent firestorm about the report “scurrilous.” A friend passed along Novak’s column with a note. “Maybe it’s not so scurrilous after all.” It’s at least less scurrilous, I’d say, with the additional sourcing. Here is Novak, after noting that McCain had denied saying what was attributed to him:
I found what McCain could not remember: a private, informal chat with conservative Republican lawyers shortly after he announced his candidacy in April 2007. I talked to two lawyers who were present whom I have known for years and who have never misled me. One is neutral in the presidential race, and the other recently endorsed Mitt Romney. Both said they were not Fund’s source, and neither knew I was talking to the other. They gave me nearly identical accounts, as follows: ‘Wouldn’t it be great if you get a chance to name somebody like Roberts and Alito?’ one lawyer commented. McCain replied, ‘Well, certainly Roberts.’ Jaws were described as dropping. My sources cannot remember exactly what McCain said next, but their recollection is that he described Alito as too conservative.
Did he say it? Does it trump his campaigning on appointing justices like Alito, who he calls one of the “finest justices every appointed to the Supreme Court?” How you answer that second question is probably a good indication of how you would vote.
