McCain mentions Kelo decision on Property Rights in speech on potential court nominees

by Eric Dondero

In perhaps his most libertarian statement of the campaign so far, Republican John McCain came out strongly today for Property Rights and against Eminent Domain.

In a speech to over 2000 at Wake Forest University, McCain came backed appointments of States Rights' judges, and against judicial activism. He was flanked by two libertarian-leaning Republicans, former US Senator and GOP Presidential candidate Fred Thompson and self-described "libertarian" Judicial expert Theodore "Ted" Olson.

Fox News is reporting out of North Carolina:

The presumptive GOP nominee instead cited three other cases to amplify his argument about the abuses of the court–cases on eminent domain (Kelo v. City of New London), the death penalty (Roper v. Simmons) and religious symbolism in school (Newdow v. United States Congress, Elk Grove Unified School District, et al.), respectively– as “capricious rulings has been to spread confusion instead of clarity in our vital national debates.”

Winston-Salem, NC — Sen. John McCain slammed his Democratic rivals’ judicial philosophy and railed against “activist judges” who show “little regard” for the Constitution and even “less interest” for the interests of the American people, during a speech today at Wake Forest University.

McCain focused much of his fire at the Democratic frontrunner and continued to paint Sen. Barack Obama as elitist and out of touch–rebuking the Illinois Senator for using “vague words” to justify judicial activism and maintaining standards that “proved too lofty” to vote to confirm the “brilliant, fair-minded” Chief Justice John Roberts.

“He went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee,” McCain said, as he completed a two-day swing through the Tar Heel state partially meant to steal some attention from the Democrats competing in today’s primary. “Somehow, by Senator Obama’s standard, even Judge Roberts didn’t measure up.

The Kelo decision occured a year before Roberts and Alito were on the court.

Adding one more Pro-Property Rights justice to the Court would help to secure a majority for overturning Kelo which would be a major victory for property rights and the libertarian movement.

Also, of note, in a campaign email sent to supporters later in the day, McCain mentioned ending affirmative action programs and support for gun rights as important in choosing judges.