GWB is no conservative, overall. But, from him, and with the help of a Republican congress, we got one of the best courts we could have had in my lifetime at least to hear DC vs. Heller.

This means, by the way, that we’re going to get a conservative ruling out of the court on Heller; a limited ruling that will be the foundation of other suits. We’re not going to get (and in some ways I don’t think I want) a Roe vs. Wade style of decision. DCs gun ban will be struck down, the Court of Appeals upheld, and a declaration of an individual right. It’s going to be, probably, another 20 years before this works its way out, and at least that many suits. Do you want a nailbiter each time, with Justice Kennedy and another Justice Ginsburg deciding what’s reasonable? Or do you want Roberts, Thomas, and Scalia writing those decisions?

If McCain is elevated to the White House in 2008, it needs to be absolutely made clear who put him there, lest he nominate another Souter to the court.

And yes, sometimes nominees can be a surprise, but I think you have to go back to realistic probabilities.

This leaves us maybe losing no ground if Obama or Hillary get elected and maybe gaining ground if McCain gets elected.

Remember that justices do sometimes surprise those that nominate them.

When y’all are ready to pony up and give a donation – no matter how small – to the fight for the courts via the McCain campaign, email Countertop.

John Roberts, 53 (Jan. 27, 1955)
Clarence Thomas, 60 (June 23, 1948)
David Souter, 69 (Sept. 17, 1939)
Stephen Breyer, 70 (Aug. 15, 1938)
Anthony Kennedy, 72 (July 23, 1936)
Antonin Scalia, 72 (March 11, 1936)
Ruth Bader Ginsburg, 75 (March 15, 1933)
Samuel Alito, 58 (April 1, 1950)
John Paul Stevens, 88 (born April 20, 1920)

Most definitely Sevens will be retired or dead by the end of the next presidents term. Ginsberg will also likely reture. We could be looking at losing Kennedy, Scalia, and maybe even Souter. My guess is the next president gets at least three.

There are never any guarantees, but we know what kind of people Clinton and Obama will put on The Court. McCain might pick losers, but in doing appointments there’s a lot of political constituents that need to be appeased. It’s possible McCain will screw up and pick a loser. Bush Sr. picked Souter, who is pretty clearly against us. But I got little indication the Clinton justices were that friendly to the issue, though I’m still holding out the possibility that Ginsburg will join the majority, at least in part.

But that’s just for the first step, of getting it declared and individual right. We need a stronger court for subsequent steps. Might not get it with McCain, but I think the chances are good, given that we seem to have done well on The Court with Bush, who I would also classify as a candidate I was less than thrilled about, so much so that I threw my vote away in 2000. Not doing it again in 2008.

What guarantees do we have that Maverick McCain won’t reach across the aisle and shiv us in the ribs with a “moderate” appointee?

“…if gun owners had not put him in the oval office in 2008″

I think you meant 2000/2004.