Hillarysworld

McCain, in a Senate floor speech:

Again and again, Judge Sotomayor seeks to amend the law to fit the circumstances of the case, thereby substituting herself in the role of a legislator. Our Constitution is very clear in its delineation and disbursement of power. It solely tasks the Congress with creating law. It also clearly defines the appropriate role of the courts to "extend to all Cases in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties." To protect the equal, but separate roles of all three branches of government, I cannot support activist judges that seek to legislate from the bench. I have not supported such nominees in the past, and I cannot support such a nominee to the highest court in the land.

McCain voted against Sotomayor's nomination to the 2nd Circuit Court of Appeals in '98, so his decision is not entirely surprising. But like his friend and GOP colleague, Sen. Lindsey Graham (SC), McCain has decried the politicization of judicial nominations that led to a failed Dem filibuster of Justice Samuel Alito. Graham, citing a desire to "start over" on the Senate's advise and consent role, was the only GOP member of the Senate Judiciary Cmte to support Sotomayor's nomination last week.

McCain is also seeking re-election in '10. While he coasted to re-election in '04, he won AZ in last fall's presidential race by just single digits.

More than 30% of AZ's population is Hispanic, according to the latest Census estimates, and exit-poll data shows McCain won only 41% of the Hispanic vote last fall in his home state. According to that data, Hispanics made up roughly 16% of the '08 electorate in the state.